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    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
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Warrant applied for please help CANCELLED


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No problem, happy to look it over for you.

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Hi, you can send it to [email protected]

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Let me know when you've sent it:)

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That looks fairly comprehensive to me - you should perhaps separate the different issues and set it out with bullet points to make it clearer for the judge. I have affixed a witness statement template for you to look at - obviously you will have to arrange the bullet points to suit. If you have a look a some of the other threads in the repossessions forum you will see how various statements have been set out.

 

If you are attaching any other documents you should refer to them in the statement as "please see Appendix 1 (or 2 or 3 etc) affixed". then on the top of the document(s) you are attaching write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

Also, rather than the Norgan case law (which related to making payments to the arrears by installments), you should use S. 91 Law and Property Act 1925 Palk v Mortgage Services Funding Plc. (time to sell property)

 

 

 

 

draft witness statement.doc

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  • 2 weeks later...

We are in Court tomorrow to suspend the eviction. The lenders solicitors have written a long and lengthy letter to the Judge defending the application and I am absolutely terrified - the sale can only go ahead if the lender agrees with the findings of the FOS but they say they are challenging it. I have got evidence that my house could be sold by a quick sale type buyer at it has recently been valued at £350,000 and that we were told was a low value cos of the market - we owe £230,000 if we have to pay them what they say is owing - I am absolutely terrified as we have nowhere else to go and 2 children who would be just devastated by this. Can someone reassure me as I am losing faith. The eviction is set for Monday

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I just wanted to pop in and say all the very best for tomorrow :-)

 

Ell-enn has done another great job in advising you, so I'm confident you will get a positive outcome.

 

Let us know how it goes.

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Fingers crossed for you - if you can get in touch with your husband tell him when he gets to court to see if there are any free legal advisors there - lots of courts have them nowadays, and they go into the hearing and support you.

 

Did you put in your defence statement that you had two young children?

 

Ell-enn

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We put that in our original defence to the mortgage repossesion but not this one - my husband has brought with him case law and will argue to the best of his ability - sorry but I am absolutely terrified - surely they will allow us to stay till April as that was what the lender offered on the basis that we ignore what the FOS and just settle at what they say is owing?

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Just wishing you guys all the luck in the world. What I have just read is totally appauling. When you hubby phones with the good news(n I am sure it will be)take time out and then I would seriously consider making that complaint to the FSA and get compansation off the mortgage company. They just stoop so very low I am outraged.

 

Once again though I am thinking off you both along with, I am sure so many others.

 

Olives xxx

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Thank you all so much - he has just phoned with the good news - we now have till the 27th march to get the house sold - the Judge said we had been honest all the way through and indicated they had not. The solicitor for the lender then asked us outside of Court what we want to settle. My husband told him we would pay them exactly what we should have paid but he was too upset to talk and we will now set down and write another letter. I do not know what I would have done last night if I could not have got on this forum - I have felt sick all morning and am now shaking with relief - thank you all so much - I will keep you informed - but feel that we have won another battle. The thought of going home tonight and telling my two beautiful children they would have to leave by Monday was almost too much - but........... fight goes on. thanks again

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That's great news - hopefully you will now be able to get everything sorted out:)

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I am so very happy for you. Just take tonight and enjoy and relax. Dont think of the next fight yet, that can wait until Monday. Take a deep breath and have a lovely weekend just you, hubby and the kids.

 

Well done you have both been very brave, you deserve this.

 

olives xx

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  • 1 month later...

The only way the house sale can go through is that we buy our buyers property.

 

 

We got a mortgage in principal to allow us to do this but when it went to the underwriter

he wanted to have a letter from Bridging loans saying how the loan worked as their were no monthly payments.

 

 

Our mortgage broker phoned the lender who refused to provide anything.

For the very first time the lender actually phoned and spoke to me.

He told me that he would provide the letter on the condition that we paid him what he said was due and owing and not what the FOS had said.

 

 

I couldn't do that as then we couldn't sell and buy.

He told me that if I continued to fight he would take it to the Court of Appeal and it would cost me thousands and take years and through all of that I would owe him money.

 

 

When I reminded him that a FOS decison was binding on him he said if he lost at the Court of Appeal he would simply sue me and my husband for damages and it was my choice.

 

 

The FOS adjudicator then got involved and put an offer to him to settle it.

He refused and said the only way he would stop the repossession proceedings was if we signed a legal doc stating we would not take our claim with the FOS any further, or complain to anyone else.

 

 

If we do that he said then we could stay as long as we liked.

If we don't then the eviction will go ahead.

I cannot afford to pay him what he says we owe because the difference is massive and I coudldn't do the swap with the buyers of our house so I am stuck.

 

 

The eviction was suspended until the 27th.

Does he have to apply for another warrant or will the eviction just go ahead on the 27th?

We haven't been served with another notice

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We had the eviction suspended until the 27th March - the FOS are in talks with our lender about settlement but the terms from the lender once again say pay what we say you owe or we will evict you. We have to sing a legally binding document to say we wil not take the complaint any further - can they evict us on the 27th - please help

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I'm wondering if you could put an application into court tomorrow to see if you can get a hearing on Thursday to have the eviction further suspended while the FOS try to sort this out for you.

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I'm wondering if you could put an application into court tomorrow to see if you can get a hearing on Thursday to have the eviction further suspended while the FOS try to sort this out for you.

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The last order said "warrant for possesion be suspended for so long as the defendant pays the claimant in full by 4pm on 27th March 2009" I think that means if we don't pay them by 4pm they can apply for another warrant. Surerly they can's just come and evict us after 4pm?

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The last order said "warrant for possesion be suspended for so long as the defendant pays the claimant in full by 4pm on 27th March 2009" I think that means if we don't pay them by 4pm they can apply for another warrant. Surerly they can's just come and evict us after 4pm?

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