Mortgage Express Repossession Hearing - Query on legality?

[AndyOrch]

Strange predicament.......so no arrears.....court fee and sols fee paid...and yet the claim is stayed....and they refuse to withdraw or discontinue.

 

There are two ways to view this......

 

1. a stayed claim is a none entity...speculative and dormant..and cause no harm to you the defendant.

2, You as the defendant cant discontinue or withdraw the claim......only the claimant.

 

so how do you force the claimant to " update claim status "...the problem is the court has granted " With liberty to Restore "...so on that basis you cleared the arrears and fees after or before the claim was stayed ?

[Upsetandfrustrated]

I cleared it all two weeks before receiving their Stayed with Liberty to Restore notice arrived at home.I suppose it’s time to try and get my MP, or other publicity on it.

The chap in the arrears dept said they have standard procedures we agreed.Yet we never did agree, we never had our mortgage with them.

 

We took our mortgage out with Bradford & Bingley.The mortgage was transferred over to them around two years ago, at the same time, our Interest rate increased by 1% as per their standard terms.The issue we have with that is they call themselves “Bradford & Bingley”, the next its “Mortgage Express”. 

 

Its putting a great strain on us.

[AndyOrch]

Excellent so the matter is closed as far as your concerned ...and should they wish to restore...not that I expect you to get into this situation again......you would have a valid defence to kill their application dead.

 

You cant request a Certificate of Satisfaction  or Certificate of Cancellation as in normal claims because there is no value or CCJ registered...as a claim for repossession is just that not for a monetary value.

 

Personally the claim is stayed...your uptodate with the arrears ...yes your out of pocket paying the court issuance and sols fees...the claim is dormant..its not bothering you legally and there is nothing they can do with it either...they cant restore because your not in arrears.

 

Very little your MP could do to be honest ...I would forget about it your creating you own stress......but I would certainly request the court fees back...they issue the claim they stayed it..their choice their waste of money.