Robinson v Bailey 1942 1 ALL ER 498

[differentjudge]

Re: Robinson v Bailey 1942 1 ALL ER 498

oooooo how nice

[elizalein]

Re: Robinson v Bailey 1942 1 ALL ER 498

Well at least you had an instalment possibility. My wonderful bank repossessed and undersold part of my business and the alleged "shortfall"- unbeknown to me because of their consistently crappy service, became a charging order three years ago on our home - (The charging Order they obtained neatly a month before repossessing the business). They have already repossessed our home this year by stating to the judge at the Order For Sale hearing that our home was a buy to let and are trying to exchange contracts now at you guessed it! another sale at an undervalue. - Complete lie. The alleged shortfall debt was £66,000 Though they have tried to make out its worth less our home now has an offer of £1.6.but has been valued at £1.8 (Have quite a hefty mortgage on it since I have a serious medical condition which has affected my earnings over the last two years, but now it is unravelling and I am now making an out of time appeal to re-enter on the basis of serial failures in service. My mortgagee have been great and allowed me arrangements because of med condition over the years. The bank causing all the havoc though is evil. But once again its just little ol me in person not looking very credible against a giant nasty bank! They will probably eat me alive. But surely non notification is a breach of Article 6? And £66k against £1.6 is pretty small surely. Oh btw they have added about £100k in costs and have never been assessed in fact they have never even sent me a breakdown of them! Life is SOOOOOOOO sweet!

[nightwatch]

Re: Robinson v Bailey 1942 1 ALL ER 498

will bump this for you as I have no Idea where to start on this xxx

[PlanB]

Re: Robinson v Bailey 1942 1 ALL ER 498

My wonderful bank repossessed and undersold part of my business and the alleged "shortfall" . . . became a charging order three years ago on our home - (The charging Order they obtained neatly a month before repossessing the business). They have already repossessed our home this year by stating to the judge at the Order For Sale hearing that our home was a buy to let . . . . . . . Have quite a hefty mortgage on it since I have a serious medical condition which has affected my earnings over the last two years, but now it is unravelling and I am now making an out of time appeal to re-enter on the basis of serial failures in service. My mortgagee have been great and allowed me arrangements because of med condition over the years.

I'm sorry to hear this tale of woe.

Can you clarify if your home has been fully repossessed or is there currently a suspended repossession order on it? Have you already been evicted?

Or are you saying that there is an Order for Sale or possibly an Order for Sale with conditions which let you remain in the property for now?

Are you saying that the bank had a second charge on the property (for business guarantor reasons) and then obtained a charging order following repossession of your business?

Give us a little more information to see if we can help you in any way.

Plan B x

[elizalein]

Re: Robinson v Bailey 1942 1 ALL ER 498

Oh thanks forgetting back. That's really prompt.

Yes unfortunately we have already been evicted. However as I never received a notification of the original charging order and there are other irregularities such as misrepresentation of the facts at the order of sale hearing, and the failure of the bank to disclose my cash offer to pay quite a substantial amount of the debt, I am applying against the original order and are trying to seek re-entry with my family.

Sorry i think i should try to simplify this. Also I am writing my skeleton argument so wont have long tonight, and HAVE to get it in by 9 am so if you have any relevant cases/case law would be very grateful. Okay.

1. Had a Buy To Let flat with the aggressive bank in 1999. Lets call the flat (S). Everything smooth, good regular payments, not a payment missed bla bla
2. In 2002 got a further Advance for good behaviour. Was growing the business and doing well.
3. Late 2003 3 deaths in two months. Mother, former partner and father of eldest child from multiple organ failure from a botched up scan. Elderly Mother in law last to go three weeks after him. (We called it the summer of death).
4. Younger kids start failing at school. Eldest son (14 years old) suffers post traumatic stress and loses his school entering a pupil referral unit.. Cracks start, Single Mother and sole provider. Arrears begin across business.
5. By early 2005 i have £11,000 of arrears on S. Aggressive Buy To Let Lender/Bank lets call it (AL.... Aggressive Lender)) appoints a Receiver. Receiver takes tenancy out and neither re-lets or sells and by 2009 arrears have reached over £100,000. A flood and other issues also cause delay. I am also engaged in medical malpractice case against hospital of sons father, and as its Credit Crunch time simultaneously losing what was by then a very wealthy business. So fighting on all cylinders.
6. AL issues a claim for money judgment with massive interest accruing on the whole debt in March 2009. Serves it at an address family hasn't been in for nine years, and email a copy to me 2 days before defence. We are away as it easter so miss deadline.
7. 1 month later AL get default judgment. This is now mid 2009.
8. I have flat S done up from flood finally. New tenancy. AL sends harassing notices, saying not legal tenancy and in fear they leave. 2010, every attempt to discharge the growing debt obstructed. Offer double monthly payments, get an investor who offers large cash investment as flat large and in prime location in central London bla bla. All rejected in some way by AL.
9. Throughout summer of 2010 unbeknown to me AL has put charging orders on my entire business, still serving stuff to that old address despite me giving them the right address. Crucially, in August 2010, they obtain a charging order on the family home. (T) I have no idea. Several and constant service failures over the proceedings. Never get proceedings. Always get an 11th hour email from AL night before hearing so I am unprepared and stressed.
10. One month after getting CO AL repossess S.
11. I have now been diagnosed with a profound medical condition, (late 2010) and have to withdraw a bit and manage illness. I hear nothing from AL for almost two years when I receive an email in Mid 2012 saying there was a "shortfall" from the sale of S, and if i don't pay £66k in 14 days proceedings will begin for Order For Sale on T. I had made two attempts to set aside default Judgment in 2010, but illness took over. (Hearing was adjourned by Judge in early 2011). I KNOW S was significantly undersold. Have two Rics vals and know my area and values.
13. AL is still not serving properly in 2012 and continues to serve to the wrong address, (a different one now, but not the one he was given to serve to in 2012). This causes delay. Proceedings are returned to AL's Court which by the way is on the other side of England.
14. In mid 2013 i instruct a solicitor and the service problems cease as if by magic. But not before I get the final notice emailed 2 days before in May 2013 telling me I have to be at the hearing for an Order for sale two days later.
15. Solicitor manages to get it adjourned for a bit.. But wont let me join him at hearings because of health. We prepare a counter claim. Judge wont allow the merits to be heard. AL has put the boot in saying the home T is a BUY to Let on a commercial mortgage, which it is not and my mortgagee (M) have written a letter now stating it is a residential mortgage. But i don't discover all this till I get transcript months later. Judge thinks I am a rich bitch shamelessly hanging onto business. (Nothing could be further).
16. 2014. I raise £45k and ask my sols to negotiate a cash offer now, and instalments over however long. Sols say if we can agree terms with AL wont have to attend possession hearing three days later.
Debt has now grown to £130k with costs. AL snootily say as S was not a home but a business, and as it was that which formed the charge, it doesn't fall under Administration of Justice Act. AL do though, have to be seen to be willing to negotiate, so send back a list of requirements: income and expenditure....evidence of £45k and other bits and pieces. All this evidence is sent by my sols to three fee earners at ALs offices. Hearing goes ahead three days later so assume AL rejected offer. A bit stunned at hearing. District Judge, (Who AL specifically asked to preside over the proceedings, and under whom I lost business in 2009) dismisses application for stay.
17. Its now approaching Christmas. I make an application to pay the £45k, and I also have a high interest loan which isnt great but they ain't taking my family's home without a fight. Unfortunately I become ill and collapse with very high heartbeat/suspected heart failure, and spend a week in hospital. Hearing adjourned apparently to next week but I am in hospital and send medical evidence and hearing goes ahead.
Once out of hospital and Just before Christmas I get an email from AL showing letter to Chief bailiff re evicting family three days before Christmas. I instruct London solicitors. Still have loan at hand. Monies are going down with all these legal fees. We get a hearing for January 2015. Just before hearing I realise I have not seen AL's 1st witness statement from November, and ask new sols to request a copy which they do promptly. When it arrives I am in shock. WS states i did not supply any of the evidence, and states the only way AL can be sure of being paid is through repossession. I go mad and email old sols asking why they didn't send the evidence as they said they would. Thats when I discovered it was sent to three of AL's fee earners. App for a stay in November was dismissed because Judge said no certainty any money would be paid.
18. After Jan hearing when I got transcript in February I realised that mistake after mistake was made and assumption after assumption. All emanating from December hearing held in my absence.
19. Most critical thing was DJ kept referring to not having provided a statement of Means under CPR 83.7. But I was never informed I had to provide one. And if it was make or break, which it appeared to be, WHY was it not put into the order?.

Family Evicted March 2015. Son doing A Levels. Dropped out of school. Very bright. I am slow because of illness, but out of time appeal so far seems to have been accepted.

I discovered AL still serving to old address in 2010 this year by chance when I wrote to their local court for something else, and they sent me back a list of all the charging orders that went for, unbeknown to me. I am asking for it to be allowed as fresh evidence.
I am saying failure to disclose evidence of £45k and income and expenditure - Abuse of Process.
Misrepresentation of facts - that family home was a buy to let - Abuse of process.
Service - Abuse of Process.
But how easy will this be AFTER determinations and so late in the day?
Friend says I have enough medical evidence and mitigating circumstances to please exceptional circumstances.

ANY IDEAS? Much appreciated.

Jan 15 cannot attend with counsel because strict orders to convalesce
Just before hearing






Also because it's a large house I am trying to release a part of the property in order to clear the debt

[elizalein]

Re: Robinson v Bailey 1942 1 ALL ER 498

Also have a claim against AL for under sale heard in Jan 16. Its all NUTS!!!!

[nanna58]

Re: Robinson v Bailey 1942 1 ALL ER 498

All the luck to you with this xxx

[Pixie]

Re: Robinson v Bailey 1942 1 ALL ER 498

You've come to the right place elizalein. If there is any way to help you (I don't know because it's all Double Dutch to me) then we'll find it xxx