Looking to regain entry after repossession

[misssk06]

Hi I have just read this thread. Please can anyone recommend a solicitor who specialises in regaining entry after repossession?? I need one as a matter of urgency. Thanks to anyone who can help

[honeybee13]

Hello and welcome to CAG. I've started a new thread for you so that you can have advice specific to your own situation.

 

I'm afraid we can't recommend lawyers here, you would need to look on the Law Society website which has a Find a Lawyer facility, or possibly your local CAB would have contacts.

 

But if you tell us your story on this thread, the forum guys may have suggestions for you.

 

My best, HB

[misssk06]

Hello honeybee! Thank you.

 

This is an extremely complex situation,

my dads house was reposessed without his knowledge,

arrears ran upto around 13k

my mum who hid all the documentation attended court without my dads knowledge.

 

An appeal was heard at Northampton court

 

the judge did side with my mum and agreed for higher amount to be paid each month

 

however the lenders appealed this decision and dismissed a further appeal.

 

I know the actions carried out by my mother was wrong.

 

There is more to this but I dont really want to place the info on such a public forum.

 

Any help would be appreciated.

[misssk06]

My dad only found out the repossession took place after he finished work at 6pm. The repo took place at 1.30 earlier that day I have advised him to seek legal advice re the matter

[honeybee13]

Hello and thank you for the extra information.

 

I expect the forum guys will be along later, but you may need to wait for the people who know about the subject. I hope you've told us enough for them to advise.

 

HB

[misssk06]

Okay, thank you. There is more to this would there be any chance I could private message all the information?

[honeybee13]

Okay, thank you. There is more to this would there be any chance I could private message all the information?

 

It's not how we normally work I'm afraid, we like advice to be on public threads so it can be reviewed by a wide audience. Let's see what the guys think about your problem when they're able to get here.

 

Edit: however, it's possible that if this is complex you will need professional advice. Have you tried your local CAB to see if they have relevant contacts?

 

HB

[honeybee13]

Misssk06, I've sent you a private message. Please check your inbox.

 

HB

[misssk06]

Okay.

 

In a nutshell Kensington mortgage company sent an IFA to the property

 

some payments were made to the IFA

 

however a lumpsum of 4k which was paid to him was never transferred to Kensington.

 

After some research we uncovered some horrible truths re the IFA

(this is some thing which cannot be placed on the board).

 

The bottom line is the whole situation has been one big mess.

 

The IFA in question advised my mum he could sort out the matter without my dad knowledge.

Edited February 23, 2014 by honeybee13
Asking for PM contact.

[Lea_HTH]

Are your parents joint mortgage holders?

[Lea_HTH]

If the answer to the above question is 'yes', then the process has been correct, insofar as the court is concerned. Your mother has deceived your father, and he may have a claim against her.

 

If the answer to the above question is 'no' and your father is the sole mortgagor, then the possession proceedings can be challenged on the basis that your father was not aware they were taking place - however you WILL need a solicitor as the arguments are complex given that possession has already been taken.

 

If Kensington sent the IFA, then they are also responsible for his actions - so there is another potential claim there - against the IFA and against Kensington since he was obviously acting under their authority to try to resolve the arrears.

 

Go to the Law Society webpage (google the words 'find a solicitor') so that you can locate one in your area who specialises in repossessions. Do not use any of those online companies that claim to be able to help you for a fixed fee - this is not something they'd be able to deal with effectively.

[misssk06]

Are your parents joint mortgage holders?

no the mortgage was solely in my fathers name, Just as I thought the repo hadn't been carried out correctly! I will be making a few phone calls tomorrow. Don't worry I will be looking for an actual solicitor who has expertise in this area.

 

I will also be making a complaint re: Kensington to the FInancial Services Omsbudman. I'll keep you up to date with the situation. Thank you very much for getting back to me

[dx100uk]

http://www.consumeractiongroup.co.uk...r-repossession

 

and I bet there were heaps of unlawful arrears fees too.

and visit fees

 

Hi

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating

borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any

more to the account. There are a few news stories here you can get the info for a letter to send to them.

http://news.bbc.co.uk/1/hi/business/8615870.stm

http://www.telegraph.co.uk/finance/p...y-the-FSA.html

http://www.fsa.gov.uk/library/commun...2010/065.shtml

http://www.guardian.co.uk/money/2010...mortgages-fine

http://www.moneymarketing.co.uk/news...nfair-mortgage-terms/2005762.article

 

IMHO kennys are responsible here.

[Lea_HTH]

Your father is going to have to act extremely quickly - and whatever action he takes will implicate his wife...just so you know that.

 

It's going to be a bit of an uphill struggle - so I'd suggest that the first point would be to speak directly to Kensington, inform them that your father will be taking action and ask if they are willing to allow re-entry and accept whatever payment proposal your father is willing to put forward.

 

That said - your mother is going to be in a difficult position (as well as just how did she manage to keep not only the accruing arrears, but also the initial court case, the subsequent court case AND the appeals without him knowing?)...

 

Don't get your hopes up - if your mother told the mortgagee that she was acting with full agreement from her husband (and she'd have had to show the court a letter of authority from your father to act on his behalf there), then your father's actions may open up a can of worms for her.

[misssk06]

There are nearly £2-3k worth of charges on the account. This is something I will be exploring!

 

Lea I understand the implications mum acted on the IFA's advise, I'm not sure if you've seen the pm sent to HoneyBee13. I'm just wondering if I can send it too you there is more information available.

[honeybee13]

Missk, you can only PM site team at the moment. If we feel it would be helpful for Lea to see the extra info, we'll send it.

 

HB

[misssk06]

Okay. Thank you!

[Lea_HTH]

DX100 - I replied to the OP's IM, please forward it to her.

[dx100uk]

dealing

[misssk06]

Hiya I've responded via pm! Thank you so much for your help. Will keep you informed. Im just hoping this solicitor knows his stuff! Ive avoided the so called repo companies like the plauge:!:

[misssk06]

Hi guys, I just need some advice before the solicitors appointment. If a director of a company has dissolved numerous businesses can they still act as a debt councillor on behalf of a mortgage company?

 

Any advice is appreciated:???:

[barbershop0]

Dissolving companies may not disbar you from acting as a debt councillor.

 

There may have been valid reasons for dissolution.

[Crapstone]

Hi misssk06,

 

They should have a valid Consumer Credit License to act as a debt councellor or an IFA. Try looking for them here:

 

http://www2.crw.gov.uk/pr/Default.aspx