HSBC Eviction over fraudulent Mortgage - urgent help please

[Juliette69]

My abusive ex-partner asked me to take out a fraudulent mortgage in 2009 if I did I would get £36k,

 

 

I reported this to the police and he was given an harassment order

and told he would be arrested if he contacted me or his children,

 

 

in 2010 we had a major flood to our home.

 

In 2011 I started to receive mortgage papers from the Halifax Bank saying a new £195k mortgage had been taken out,

my solicitor at the time said it couldn't be our house as it was un-mortgageable due to the flood.

I got a crime number from the police.

 

I had a restriction with the land registry at the time.

This has been our home for 20 years now.

 

I contacted the Halifax Bank who refused to speak to me until 2012 when I spoke to a lady in the fraud department,

I filled in a form she sent a letter back, this said due to data protection they couldn't let me know what happens.

 

In 2013 I suddenly got an eviction notice, I went to the court with my daughter who is 22 now,

but was told I couldn't enter, my ex-partner said to the judge take the house.

I was then taken down by the duty solicitor to be added as a party, my ex-partner never came to another hearing.

 

At a hearing the judge gave me permission to set aside.

I showed the judge my restriction etc, the bank were ordered to give all the paperwork which they never did.

The next hearing they changed their claim to be subrogated.

 

In 2014 the bank got their claim to be subrogated to the HSBC charge from 1996

of £122,138.46 interest from May 2011 until date of sale.

 

As I said I have had very little help and am disabled and very ill with 5 children only 1 who is 26 years old lives away.

I was then promised by a legal aid solicitor that they could sort this mess out,

to be truthful money was spent on a court hearing etc and nothing was achieved.

 

In 2015 after being mucked around by this gentleman

I contacted the Chancery Division of the High Court

after filling in the paperwork I got a stay from a high court judge.

 

He said that if I was too ill through no fault of my own to file my full appeal bundle etc

I could have a hearing so this was booked for the 2nd December 2015.

In the meantime my ex-partner died of lung cancer on 21st August 2015.

 

In late October I suddenly received an order from this high court judge

saying the bank had contacted him and said he had no jurisdiction

and it had to go back to Brighton for a circuit judge.

 

This must have happened and was not received until 5th or 6th January 2016

this said no hearing was allowed etc

 

 

I contacted the court and was told to email into hearings to ask to set aside,

so I did just email in March

 

 

I started to get letters and a man turned up threatening saying he was from the bank,

I never open the door and told him I was disabled and that it was a fraudulent mortgage etc

he said he would put his card and papers through the door he never did.

The bank had told me they were putting legal action on hold and looking into the fraud, this was untrue.

 

I received an eviction notice for 21st March 2016,

I filled in an N244 after being told I needed to make an appointment at Brighton Court

for them to fill it in (not what happened)

I was spoken to so rudely and told to just say suspend the warrant.

 

I got a hearing for Friday 18th March 2016

at this hearing the judge started in a very rude and aggressive way

even though I was being sick in the waiting area

and the ushers were saying why have you come

when you are this ill we will tell the judge.

 

Finally at this hearing the judge ordered me to get all of the necessary paperwork to prove

that in 15 years (the term left on the mortgage) it could be paid.

 

I did send in what I could get on the date given 5th April

even though I had never even been sent an order.

 

I have requested my file which has been ignored twice,

I have made a complaint using the correct forms about the way the court has treated me

again no response

so now I have a reference from the MOJ.

 

Late on 8th April (when my post comes)

I received an order saying unless I got medical evidence a hearing would happen on 11th April 2016.

 

I couldn't attend this as my life saving injections were being delivered, only I can sign for these,

it is an all day call and then they need to be put into the fridge.

The hearing I had been told would be 30 mins.

 

I was crying and so stressed out I had to go to a doctor,

pay £20 she faxed the court and I sent via email copies of this

and 3 other medical pieces of evidence which I received a reply to say they were received.

 

Since then I have only received 1 order from the court

stating that I have wasted courts time

and could have attended on 11th March 2016.

 

Suddenly I received a letter from the bank saying that an eviction was booked for Monday 6th June 2016.

 

I was then told by CLA I could use a reference number to get a solicitor under legal aid,

so the housing officer said that they have funding for 4 cases a year

and they could take my case on.

 

Once they realise how complex it is they back off,

she part filled in an N244 but never said suspend a warrant because we don't have one

but said a hearing would be booked for Friday 3rd and she couldn't represent me

(she isn't legally trained) but would be there.

 

On Friday morning she contacted and said that there is an eviction on Wednesday 8th June 2016

and that the court staff hadn't realised from the N244 (which she had filled in) that it was urgent.

She then said that I need to ask permission from a judge first to apply to suspend the warrant.

 

I can't sleep, am being sick, I really can't cope with this and need help please.

[honeybee13]

Hello and welcome to CAG.

 

Your thread has been flagged for our expert on these matters. Hopefully they will be here soon.

 

HB

[honeybee13]

Hello again.

 

I have contacted Ell-enn, who unfortunately has work commitments today.

 

She has said that due to the complexity of your case, the best thing would be to get legal advice. We don't say this very often, so I hope you can manage to speak to someone locally who deals with repo cases.

 

HB