Help with Cheshire Mortgages

[john2014]

Hi,

 

Anybody who is either a solicitor with experience with dealing with Cheshire or anyone knows of a solicitor who helped them with their case and can introduce them to us?

 

Cheshire repossessed our property a few months ago and we don't believe they have followed the right process (we have issued them with a SAR asking for our file in order to prove they have not followed the process), and they are now also trying to sell the property 100k lower than is price.

 

Is a very complicated case that is why i am not writing too much here and this is why we need some legal advise on how to proceed. I forgot to say that we also believe they produced false documentations and statements to court in order to gain possession of the property (again waiting for the documents after issuing them with SAR to prove that).

 

Any help would be really really appreciated.

[BRIGADIER2JCS]

Good morning,

Welcome to CAG.

 

 

Please explain why you think correct procedures were not observed.

 

 

A SAR will produce only documents that are considered personal data, what did you ask for?

[john2014]

We did not receive any notice before going to court to repossess the property

so we are waiting to see all the letters that they will send us if they produce any notice.

 

We also made several offers for repayment and refused every single one of them without giving us a reason why they refused the offer;

 

are they not obliged to write to us and explain the reasons why they have refused our offers?

 

At least that was my understanding.

 

Not only they refused all our offers their solicitor produce a letter before the repossession order

saying their client was willing to accept any offer making it look like we were the ones not co-operating

or doing anything to negotiate with them and therefore repossession was their last step something which is completely not true.

[BRIGADIER2JCS]

We did not receive any notice before going to court to repossess the property so we are waiting to see all the letters that they will send us if they produce any notice. We also made several offers for repayment and refused every single one of them without giving us a reason why they refused the offer; are they not obliged to write to us and explain the reasons why they have refused our offers? At least that was my understanding. Not only they refused all our offers their solicitor produce a letter before the repossession order saying their client was willing to accept any offer making it look like we were the ones not co-operating or doing anything to negotiate with them and therefore repossession was their last step something which is completely not true.

 

 

Notice of Arrears not received?

Default Notice giving you an opportunity to bring the mortgage account up to date not received?

Did you attend the hearing when the Possession order was granted?

Did you make any offer of payments at the hearing?

[john2014]

Hi thanks for your messages and trying to help. My original post was asking for advice due to the fact that they are trying to undersell the property, the rest we will look into after but i am a bit panicking at the moment that they will sell the flat as low as possible. Can they do that?

[being-DUN]

you are a victim of somrthing which has been going on since 2006.

 

This is the crap the government wants us be belive as property as gone up by 20% and its being undersold.

 

FCA property as to marketed at a fair price.

 

You can stop the sale by issues a court order to stop the sale.

 

They should never repossessed your property as the government will help and stop any action.

 

I in the processes of exposing Cheshsire.

 

Which solitors was used TLT or DLA.

 

One of my property was undersold by £850K.

 

You will find no help from solicitor sra as they all know whats been going on which being organised due to the change of law.

 

FSA as fine all mortgage lenders substantial fine and was told to return unfair charges

and to follow protocol and not to repossessed property as government will help,

 

this was in 2010 and closed FSA in 2013.

Edited July 27, 2014 by caro

[being-DUN]

ps let me know the solicitors the is being used and the estates agent as there also have to follow protocol and must be regisrtered.

 

Where is the property located.

 

Judges are usually act fair in these matters and give you 28 days to leave and you can have judgement set aside.

 

I cannot belive nothing as changed even with introduction to new legislation being committed by brokers and solicitors

[john2014]

Hi, it was Cantow Low or something like that the solicitors company,

 

the property is with a big London agency however it hasn't sold as yet on our account notes

it states that they offers they received were too low and they were not willing to sell at that price.

 

We asked them twice to provide us with default notice

they haven't

 

i am really surprised how they managed to get a judgement I

 

would assume the judge would have asked them to see all the documents?

 

We never attended court as we were out of the country when the court documents came

and the court happened within 2 weeks

 

by the time we came back they had the judgement.

 

We did made them various offers though for repayment and they rejected every single one without giving us a reason why.

[john2014]

Also forgot to say that we asked several friends to contact the agency and show interest on the property none of them received any response from the estate agency to their request to view the property. Is all very strange, Cheshire are saying there is not enough interest not sure if this is another one of their clever strategies so that they can drop the price even more.

[caro]

Is the agent a member of any of the trade bodies such as the NAEA? If so they have a very helpful compliance department that may be able to advise.

[caro]

ps let me know the solicitors the is being used and the estates agent as there also have to follow protocol and must be regisrtered.

 

Where is the property located.

 

Judges are usually act fair in these matters and give you 28 days to leave and you can have judgement set aside.

 

I cannot belive nothing as changed even with introduction to new legislation being committed by brokers and solicitors

 

There is no requirement for estate agents to be registered.

[john2014]

Is the agent a member of any of the trade bodies such as the NAEA? If so they have a very helpful compliance department that may be able to advise.

 

thanks for your help. i am little bit confused as to why that would be our responsibility. The agency was chosen by cheshire and the contract is with them two. The fact that they are not doing anything possible means we have to pay unnecessary charges and continue to pay the monthly mortgage etc etc. Cheshire should be liable for this and if this is because their partners are failing them it should be an issue between them not us? For us as far as i see it Cheshire are not exercising 'Duty of Care' since they got possession of the property. If of course we assume that all our other claims about the repossession of the property is illegal is found to be not the case. Because if the repossession of the property was illegal then does it really matter what they did after that?

[being-DUN]

cantor law base in the same office as cheshire mortgageYou should be aware the information you provide will put you in unfair position,

Conflict of interest Introduction of the Fraud Act 2006.

You fell into there trap without relizing

You not be provided with default notice,check you credit with the 3 main agency and use noodle which is free

its strange that you told offers are low and not acepting by the agent and yet several of your friends not able to get viewing

Please provide Selling price,mortgage amount and arrears.purchase price and ,Brokers and dates

[being-DUN]

yes! coverup

Is there a shortage of properties and in high demand?????????

[john2014]

yes! coverup

Is there a shortage of properties and in high demand?????????

 

Yes there is and the same estate agency told us at the day of possession of the property (as they had the keys and they were going to take us to the property to take some clothes) that he sold the same flat on the lowest floor the previous week for 600k and he said i had a survey done and that is what it came to, ours because it was on a highest floor should be slightly higher like 10k higher not much they advertised the property for 550.

[being-DUN]

Please provide the following

when did you purchase the flat

and what price

mortgage amount

Areas

which area is the property

condition

Go on legalbeagle forum and huntswood blog which should be of interest

[john2014]

there were no arrears on the mortgage the arrears were on the rent as it was on a shared ownership cheshire claimed to have paid the arrears.

[being-DUN]

there were no arrears on the mortgage the arrears were on the rent as it was on a shared ownership cheshire claimed to have paid the arrears.

 

you need to contact your housing association and find out if they were aware that you been evicted.

The mortgage company cannot act for the housing association as you cover by mortgage protection clause MPC

You can check Land registry and download information of ownership and restriction on the registry .will cost £3

Contact FCA register your concern as they not following MCOB rules

The government recently announce guidelines on default.

You should never been evicted as you were entitle to Support mortgage interest .Contact shelter