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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? There was no inventory when I moved in, I also didn't have to pay a deposit. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
    • whats the court claimform for? return of goods order? please complete this:  
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Repossession questioned by deeds not being signed


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Hi Dodgeball, Oh I'm clear and I understand your point of view, although, I don't agree with it. Just to make it clear for you, IsItMe's friend, IsItMe, Apple and all other the posters that have contributed to this thread, that have had the borrowers best interests at heart, have not lost sight of what is being discussed here...BP

 

They (is it me?'s friend, it would appear has never actually posted in this thread, unless they have never identified themselves as his friend and Is It me? only ever posts to agree with something apple has said or to demand answers to his questions) might have the borrowers best interests at heart but by misinterpreting the law - they are not helping anyone

 

I like to think that you also refer to me(being one of the other posters that have contributed to this thread) as having the borrowers best interests at heart, in my long running battle with Apple to post the truth about the law instead of interpretations and fanciful ideas as, has been shown today

 

Besides which, I feel DB has shown an indepth understanding of this thread and the topics that have been discussed

 

Yes Mark, I am Bones

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I have the best interest of borrowers at heart as I am sure does Ben and the other contributors to this thread.

 

It is not in the best interest of anyone to make argument in court that cannot succeed, it will just incur more costs and create further misery.

 

It is very nice to think that there is a magic pill that will make all our debts and problems go away, and forums like this a breading grounds for half baked ideas like this one.

Usually they are harmless however sometimes people take them seriously and act on them.

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Sadly , and I am not pointing any fingers, not all posters do have the consumers best interest at heart. What they have is a desperate need to be right and to be respected

 

As the saying goes.......Truth will out:lol:

 

I for one eagerly await . At that point someone will have some serious egg on their face . From past experience I have a pretty good idea who it will be which will be ashame .

 

Dodge/Ben when it is all done and dusted I am sure you will be able to explain it to me in words of one syllable

Any opinion I give is from personal experience .

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They (is it me?'s friend, it would appear has never actually posted in this thread, unless they have never identified themselves as his friend) might have the borrowers best interests at heart but by misinterpreting the law - they are not helping anyone

 

Besides which, I feel DB has shown an indepth understanding of this thread and the topics that have been discussed

 

Hi Ben, Interpretation is available to us all, and that fundimental right, as we should expect, will also be excerised by the Judges at the Property Chamber...BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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I agree we will have to wait for the chamber's decision. There has been 262 pages of discussion - its clear not everyone is going to agree.

 

 

Any word on when a decision is likely? Are the various cases being heard together?

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I agree we will have to wait for the chamber's decision. There has been 262 pages of discussion - its clear not everyone is going to agree.

 

 

Any word on when a decision is likely? Are the various cases being heard together?

 

We should know about the first cases on the 20th Jan. I would imagine that these decisions will then (potentially) be applied to the other cases that are in the pipeline.

 

Well that's my understanding anyway.

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The Property Chamber say a written decision will most likely be issued after 20 Feb 2014 - Is It Me? says that the case has been stayed for 28 days for the lender to provide some unidentified documentation - so we will have to wait and see - however, I do agree with the notion that is best to just wait now until the Property Chambers written decision is issued - to finally conclude matters one way or the other.

 

It is only going to be another 9 or so days, so I think I will wait until then

 

Yes Mark, I am Bones

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I am sure it will be posted as soon as poss. I just hope we get the same interpretation on the outcome.

I imagine if it is a consumer win it will be appealed, not sure what will happen if its a consumer loss

 

I have seen three interpretations to the frost case

1) The judge was a drunken fool (not my opinion)

2) That is the end of no agreement means no enforcement

3) the witnesses were so unreliable the judge didn't really have an option

Any opinion I give is from personal experience .

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I for one eagerly await . At that point someone will have some serious egg on their face . From past experience I have a pretty good idea who it will be which will be ashame .

 

I have soap and water on stand by, just in case it is me :-)

 

(hope this is not classed as beer garden talk)

 

Yes Mark, I am Bones

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I am sure it will be posted as soon as poss. I just hope we get the same interpretation on the outcome.

 

I am hoping that it will be posted without any interpretation - allowing everyone to read it for themselves and form their own views before interpretations start. (I can but hope)

 

may be just a few relevant extracts will be posted to highlight some of the aspects of the decision made

 

Yes Mark, I am Bones

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The Property Chamber say a written decision will most likely be issued after 20 Feb 2014 - Is It Me? says that the case has been stayed for 28 days for the lender to provide some unidentified documentation - so we will have to wait and see - however, I do agree with the notion that is best to just wait now until the Property Chambers written decision is issued - to finally conclude matters one way or the other.

 

It is only going to be another 9 or so days, so I think I will wait until then

 

Just called and spoken with the Property Chamber and they say the decision for the case references they previously gave me, is still expected after 20 Feb - It will then take a few days to appear on their website - So hopefully by the end of the month / early next month - we will know what the Property Chamber has to say on this issue, once and for all.

 

Yes Mark, I am Bones

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Hi Ben, Interpretation is available to us all, and that fundimental right, as we should expect, will also be excerised by the Judges at the Property Chamber...BP

 

I think that when we do it, it is interpretation when judges do it , it is the Law :)

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If the consumer wins - what do they expect the outcome to do for them - are they expecting the money they borrowed to buy their home to be written off ?

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If the consumer wins - what do they expect the outcome to do for them - are they expecting the money they borrowed to buy their home to be written off ?

 

From some of the posts that would appear to be the case, there are some posts also about any payments already made also being refunded etc

 

Yes Mark, I am Bones

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I'm not sure that they will - that's a different entity altogether.

 

 

So what is it that they expect a win to do for them ?

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As a matter of interst

If this were an agreement regulated under the Consumer credit act(which it isn't) section 106 has a feature where the sums borrowed on an invalid security have to be returned.

 

However before anyone gets to excited this does not apply to registered charges ala LOPA, these are exempted form the provision via section 117.

 

I would have to do more research but I have a feeling that the contractual element of the registered charge would still be in effect even if the deed was proven to be void. The lender would just have to recover it in the same way as he would a conventional charge (without a transfer of property rights).

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Perhaps Applecart could explain - I'm really interested to know

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I thought originally it was to keep them in their home . If they can not pay the mortgage that must be unsustainable so the only option would be for them to have the whole loan declared void effectively gifting them the house. That is why I can not see it happening or if it does it will be appealed all the way

Any opinion I give is from personal experience .

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I thought originally it was to keep them in their home . If they can not pay the mortgage that must be unsustainable so the only option would be for them to have the whole loan declared void effectively gifting them the house. That is why I can not see it happening or if it does it will be appealed all the way

 

Why would it make the loan aspect void?

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I thought originally it was to keep them in their home . If they can not pay the mortgage that must be unsustainable so the only option would be for them to have the whole loan declared void effectively gifting them the house. That is why I can not see it happening or if it does it will be appealed all the way

 

It gets confusing when you read back the thread

 

Who said he would lose his home just so you know and can tell you bosses there are funds in place to pay the lender off if need be but the lender has to prove they are the ones that own the mortgage and after 4 court orders have FAILED to do so

It's funny that after all this time when asked to stop posting you would not but kept on trying to put people off but you could not so NOW you are leaving well done

See you at the property chamber Ben

 

Yes Mark, I am Bones

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Only in that it seems pointless in going through all this to keep your home when you then face say a SD and lose your home anyway. I wasn't giving any sort of opinion just common sense.

 

I don't know but I also imagine there will be costs involved as well so it seems to me it might well be a lose lose situation.

Any opinion I give is from personal experience .

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