Warrant applied for please help CANCELLED

[Ell-enn]

Ring the court first thing in the morning and ask if it is appropriate to put in an application for a hearing to further suspend the eviction given that the matter is not yet settled and the FOS are trying to sort it out. If they say yes, you will need to download an N244 and get it completed and over to the court asap to get a hearing on Thursday or Friday.

 

They won't turn up to evict on Friday - but, they could next week if the claimant asks for enforcement of the warrant following non payment on the 27th.

 

I would be tempted to ask for a hearing to further suspend - if you can prove that you have a buyer for your house and a mortgage in principle for the new one together with the info from the FOS you could show that the claimant is frustrating your attempts to settle the matter. There is also the matter of holding you to ransom with the request to sign away your rights.

 

To be honest, now might be the time to get a solicitor involved to go to court with you.

 

Ell

[Ell-enn]

Ring the court first thing in the morning and ask if it is appropriate to put in an application for a hearing to further suspend the eviction given that the matter is not yet settled and the FOS are trying to sort it out. If they say yes, you will need to download an N244 and get it completed and over to the court asap to get a hearing on Thursday or Friday.

 

They won't turn up to evict on Friday - but, they could next week if the claimant asks for enforcement of the warrant following non payment on the 27th.

 

I would be tempted to ask for a hearing to further suspend - if you can prove that you have a buyer for your house and a mortgage in principle for the new one together with the info from the FOS you could show that the claimant is frustrating your attempts to settle the matter. There is also the matter of holding you to ransom with the request to sign away your rights.

 

To be honest, now might be the time to get a solicitor involved to go to court with you.

 

Ell

[kilkenny]

ok thanks we are trying to find a sol to deal with this as it is all getting too much. Will let you know -

[kilkenny]

ok thanks we are trying to find a sol to deal with this as it is all getting too much. Will let you know -

[kilkenny]

Does anyone know if a broker is an appointed representative to a mortgage network then can he go an do a deal direct with a lender? We believe the mortgage we have which is a bridging loan has been done directly with the lender and the appointed representative without knowledge or permission from the principal.

[Trudy B]

Not 100% but I guess there would be certain procedures and guidance in the various parts of the depths of the FSA Handbook and also any agreements / contracts between the Appointed Rep and Principal.

If there are things you are not happy with would it be worth sending in a written Formal Complaint to the Compliance Officer at the Appointed Rep and to the Principal company and see what wriggles???

This then also sets the clocks ticking for the 8 weeks as to referring your complaint to the FOS if required.

Hope this helps.

[kilkenny]

Thanks for your reply. We don't think the appointed rep had permission to deal with the lender he dealt with and that he did the deal direct. We are in a nightmare situation with the lender who have threatened us with damages etc if we complain to anyone.

[Signature]

Do you know whether the procuration fee that the appointed rep received was paid direct, or to the principal. It should say on the KFI (Key Facts Illustration) the broker gave to you or the offer document. Wgat was the name of the lender and the bridging company?

[Cyberdad]

Thanks for your reply. We don't think the appointed rep had permission to deal with the lender he dealt with and that he did the deal direct. We are in a nightmare situation with the lender who have threatened us with damages etc if we complain to anyone.

 

Hi kilkenny,

 

The appointed representative will only be an appointed representative of the principle for business regulated by the FSA. Unfortunately, this does not include the vast majority of bridging loans, second charge loans or commercial loans including buy to let. The Appointed Representative may have agreed not to go outside of panel for unregulated business, or may have complete freedom to do so, depending on his agreement with his principle.

 

Because the loans are not RMC's (Regulated Mortgage Contracts), you will not have been issued with a Key Facts Illustration; it is actually a rule breach to use the Key Facts Logo other than as permitted/required by the FSA. Because of this you are unlikely to have had the procuration fee disclosed in the same way as for an RMC, but my understanding is the law of agency probably entitles you to disclosure anyway.

 

Complaining to both AR and the principle is good advice, as whilst the FSA may not be interested in complaints in relation to non-regulated contracts, the indemnity insurers will be, and will normally expect any complaint which could result in a claim on the indemnity policy being treated in the same way and with the same seriousness as a complaint concerning a regulated contract.

[kilkenny]

Sorry for not replying have been off line and have almost given up hope. We have now received a provisional decision from the Ombudsman which is in our favour although she has not commented on many things and we have responded again she may issue her final decision soon. Our point is that the broker did a deal direct with the lender and we do not believe he has the permission to do that. The lender is not on the principals lenders panel and there is no documents to say that he had permission to go off panel or why he did that.

[kilkenny]

:lol:Hi we have been fighting and trying to stave of repossession for one year.

 

 

We complained to the FOS that we had been unfairly treated, overcharged and blocked time and time again from redeeming a bridging loan.

 

 

We were helped so much by this site and managed to avoid eviction in March.

 

 

To cut a long story short the FOS took for ever but finally issued a provisional decision in July in our favour and then asked for further comments before a final decision is issued which we are now waitng for.

 

 

We put forward further points to the FOS which included how we felt we had been missold etc.

The lenders response was to proceed to tell us he was going to evict us.

 

 

This morning we have checked the FSA register and found that the lender is now closed to regulated business we checked the restriction and it says that the lender cannot amongs many other things take any necessary steps for the purposes of recovering payments due under the contract from the borrower. They can only do this once those steps have been approved by an independent person to be agreed with the FSA.

 

Does anyone know then whether or not they can evict us as it seems they can only do this with approval by the FSA

[jansus]

Are you under a suspended possession order?

 

Have they applied for an eviction order?

 

You have the right to appeal against the eviction right up to the last minute and I would think you have now two defences - the mortgage / arrears are in dispute and the case decision is pending and also the fact about the lenders licence.

 

If you could post a few more details about the FOS ruling that may help other posters.

[kilkenny]

We had an outright possession order.

Even though we told the Judge that the monies owed were disputed and the interest had been incorrectly applied he said his hands were tied and under the Law and Property Act had to give the lender a possession order.

 

 

We continued our complaint with the FOS but they were powerless to help as they have procedures which means they have to give the lender time.

 

 

it took from September 08 to February 09 to get an adjudicators decision.

The lender did not agree it and he went to court to enforce the possession order that was made in November 08.

 

 

We argued that we could sell our house as we had a purchaser but we needed to get a mortgage to buy their house we were effectively doing a house swap.

 

 

The judge allowed us time to complete our new mortgage and sell our house.

He gave us four weeks.

We had a mortgage in place but when the mortgage was with the underwriter the underwriter requested confrimation from our existing lender of the terms of our loan with them.

 

 

The lender said he would only provide it if we withdrew our complaint with the FOS and the FSA also our MP and that we would not pursue the broker who we believed had missold the loan in the first place.

 

 

He also wanted us to sign a Court order that we would not complain any further and agree all his figures.

We couldn't do this and the case went on.

 

 

The lender did not try to enforce his possession order by evicting us.

He threatened us with a damages claim against us and told us he was looking for compensation from us for the damage we caused to his company.

 

 

He told the FOS my husband had a bad mouth and that he was going to involve the Police.

He also lied that he had been trying to do a deal through our solicitors and that the FOS had stopped him. It was all unture.

 

 

We kept phoning the FSA but they just repeated they could not deal with individual complaints.

The lender told the Adjudicator that if he processed our case to final decision then he would go back to Court to evict us.

 

 

We continued fighting and last week the lender told us he applied to the Court to evict us as he had been stopped doing a deal to settle.

 

 

It seems the FSA have now stepped in to stop this lender.

They are now closed to regulated business.

Once we have a final decision and outcome I will post all the advice I can to help anyone in our position.

 

 

We intend to go to Court to halt the possession process on the basis that the firm are now not alllowed to take any steps to recover any monies due without approval from the FSA.

 

 

We are hopeful that now finally the regulator has agreed we have been unfairly treated.

 

 

We are still waiting for the FOS comments but at the moment our advice is in the face of the FOS inaction persist with your complaint and do not give in.

 

 

We did not give up and finally got the FSA to take notice.

[jansus]

Well done. I do recall reading your previous threads now.

 

Hope you get your final justice plus some sort of compensation for all you have been through.

 

It does not seem fair that you have to fight so hard to correct errors that are so obvious.

[kilkenny]

Hi Cyberdad,

 

Our bridging loan was a regulated mortgage contract as it was a first charge on our only residential property. We have been dealing with the FOS who agree it was a regulated mortgage contract. We have now seeon the FSA register that the lender are now closed to regulated business FSA and stated they can only assist in contacting all borrowers to find out if they had an exit route, also they must assist the FSA in providing redemption figures. They are also only allowed to assist the

FSA in taking any action to recover monies due.

[kilkenny]

we thought it was all over but. The FSA tell us today that although the lender is now closed to regulated business applying to enforce a possession order is not regulated business and so technically then can carry on. The lenders solicitor told me today that they intend to do exactly that and have applied to reissue a warrant for eviction - we are expecting that to drop on the mat any day. I know that I can apply again to suspend the warrant but am worried that his might all be over the District Judge's head and he will simply order the eviction. It seems unbelievable that our complaint to the FOS has led to the FSA taking action again this firm but no one can step in and stop him repossessing us. Can someone please remind me how I go about suspending the possession order as my brain is like mud and I cannot think straight.

[jansus]

This really is too complicated for me. If the courts say that their hands are tied I would assume that they are saying that because they are dealing purely with the arrears and subsequent breach of contract. The problems with the actual mortgage would be have to be dealt with by a separate court claim by yourself against the lender if you had no joy with the FOS. When you say there was an adjudicators decision what did he rule? Do they have no power over the lender?

 

There is only one thing that springs to mind. I assume that there will be negative equity and to get that money they will have to go to court again to get a judgement / money order - you could then use your case to dispute the amount then.

 

Ell-enn is the person you need but I think that your only defence would be

 

you can clear the arrears

you are trying to sell but the lender has stopped you doing that?

There is a pending case with the FOS and the lender have not taken the action required

 

grasping at straws I am afraid really.

[Ell-enn]

Hi there, if the eviction warrant arrives you need to enter an N244 application for a hearing to suspend the warrant - I can help you with the defence statement for that if you need me to.

 

If the lender has stopped you selling your property by effectively blackmailing you, then I think the judge will be VERY interested in that!

 

Gather together all the info you can so we have it to hand when filling in the N244. You will need details of the offer for the property, anything which proves the lender stating you had to drop the complaint and also any letters etc from the FOS.

 

Ell-enn

[kilkenny]

Thanks Ellen, I can't believe I am having to do this all again..... I have e-mails passing between the lender and the FOS where he states that if the case is passed to an Ombudsman for final decison he will repossess. I also have all the e-mails where he states he wants us to withdraw all our complaints and then he would provide us with a reference for the new mortgage. I also have a letter from the mortgage broker saying the mortgage was turned down as the lender had refused to provide confirmation. Further I have a letter from the lender sent to the FOS saying he will go back to the court and tell the Judge he is not allowed to do a deal. I will also update the Court that the FSA have now closed the company to any regulated business and the lender's response is that applying to enforce a warrant is not regulated business.

 

Ellen I have all of that but am still terrified. I think the Judge was out of his depth last time and will simply order an eviction on the basis that the lender has a contractual right to possession and that all of this is not relevant to the issue of possession which was what he said when he gave them a possession order. Do you really think he will take notice of this new evidence? Sorry but I am running out of trust in human nature. My husband is ill and I am heading that way.....

[kilkenny]

Jansus,

 

We have no idea what amount is owed now. The lender has not provided us with an redmeption statement. They cannot do this without approval from the FSA and as yet the FSA have not put in their person. I believe he is going in tomorrow. We are not as far as I am aware in negative equity. The house is valued at 385,000 and the most we can possible owe now is 285,000. The FOS have adjudciated in our favour and the provisional decision is also in our favour and tells the lender they should reculate the loan with the proper interest and wipe their fees which amount to in excess of 10,000. They also said they would award us a sum for distress. We are waiting for a final decision. The reason the FOS can not step in re the possession proceedings is that the original possession order was made before the FOS got to grips with the case and issue their adjudication. The lender not surprisingly delayed and did not respond even after the 8 weeks.

[Ell-enn]

Hi there, I understand how distressing this must be for you, but many things have changed since the last hearing. You have a lot of evidence to show that you have been frustrated in your attempt to sell the property and the lender has been "blackmailing" you- the judge has to take that into consideration.

[kilkenny]

Thanks Ellen - having a reall wobbly moment but will pull myself together and type up a defence statement. Can I put in an application to suspend now even though i have not received the Warrant as I know they have applied for it (I checked with the Court) or do I wait until I received it. Can you remind me how long I will have. I have 2 children under one who is just about to start A-levels. I have no money, can't rent and as far as I am aware even if I could sell tomorrow the company could not provide me with a redemption figure as the FSA have to approve it....

[Ell-enn]

I would wait till the eviction notice comes (it may take longer than you think). I can help you with the statement, it is important to put the points across clearly - if you give the judge too much detail, some of it may get missed. Let me know when the notice arrives and we'll deal with it then.

 

Stay positive.

 

El

[kilkenny]

How long do they have to give you? Will try and stay positive I promise.

 

Will start drafting the statement in readiness

[Ell-enn]

Usually 14 days, sometimes longer