hi i need some urgent help and advice pls due to be evicted

[transformer999]

Re: hi i need some urgent help and advice pls

Maybe jimmy you could say what evidence was requested to prove your self employment history as I know Blemain did not ask for a single piece of evidence....my OH was not even registered on the electoral register....all this little points will add to your defence.

[transformer999]

Re: hi i need some urgent help and advice pls

The OP mentioned that he was self-employed and there was mention of possible irresponsible lending....I posted up this case law a while back although not exactly linked to what the OP is going through...nevertheless the judge in this case saw the lenders lending criteria which had an impact on the judgment.


Pragraphs 82, 83 & 84

1. On the basis of the evidence before me, I infer that, if GMAC had made proper enquiries as to the Borrower's financial position, it would have found that he was unable to verify his declared income or to give satisfactory explanation for his inconsistent statements of earnings or his failure to give proper disclosure of his liabilities. The probability is that GMAC would have concluded that the Borrower's income was of the order of his original statement, namely £85,000, and that it was insufficient to justify the loan that he sought. Further, the reasonable conclusion in the circumstances would have been that the Borrower was dishonest. In those circumstances, GMAC would not have made the advance to the Borrower.
2. Accordingly, if I had found Countrywide liable, I should have found that GMAC was contributorily negligent. Both Countrywide's negligence and GMAC's contributory negligence would have caused the entirety of GMAC's loss, in the sense that the loss would not have been suffered were it not for the negligence or the contributory negligence as the case may be. Having regard to what I regard as the comparatively egregious nature of GMAC's lack of care, I should have made a deduction of 60% of the entire loss. If the entire loss were taken as £65,960.76 (see paragraph 57 above), the resulting figure would be £26,384.30. As that figure would be less than the full measure of recoverable damages, judgment would have been in that lower amount.
   Conclusion
3. In the event, however, the claim fails and must be dismissed.

http://www.bailii.org/ew/cases/EWHC/Ch/2011/3307.html

Not that I am suggesting in anyway that the OP has done anything like this but my point is that the lenders lending criteria can be questioned too....which will be most helpful in my defence against Blemain due to OH's very demonic past.

Paul I hope you agree that this was a good judgment? and not so long ago too.

[PlanB]

Re: hi i need some urgent help and advice pls

i was self employed as far as i remember cystal mortgages sorted it all out for me i dont remember providing them with anything as far as i know they dealt with all that employment etc etc and got it sorted for me

Basically i bought some land in 2007 for £210k and needed a mortgage i somehow approached crystal mortgages and they said they can only get me £100k on the land and the rest £105k would have to be a bridging loan secured on my house

i had about £200k equity in the house

the initial plan was to build on the land then remorgage it and pay off the bridging loan within the term. Unfortunately i had a death in the family and then fell ill ontop of that the recession killed my business and everything went tits up.

I sold the land at a loss and paid the £100k mortgage aswell as lump sump to blemain £58k after this i made a few smaller amount lump sump and installments now totalling too £139k

While others are looking at your credit agreement with Blemain (or Harpmanor) do you mind if I ask a question about how you actually puchased the finance in the first place? It may (may not ) help when assessing if irresponsible lending was involved, and/or whether you were made fully aware of what deal you were entering into.

In 2007 you bought a plot of land with the intention of building a house on the site as a property developer. Did the estate agent or seller introduce you directly to Crystal Mortages to set up the necessary associated finance? If not then how did you know about Crystal?

You say the project went "tits up" was that (partly) because you couldn't get the necessary planning consent to build on the land or did the agent tell you that planning consent would be a doddle when you entered into the negotiations? Could you have bought it from one of those now disgraced Land Banks who promised planning consent when it was never going to happen?

Paul has already asked you about your general financial circumstances at the time and you've said you were self-employed. Did you have any experience as a property developer or even a builder at the time you purchased the land and took out the finance (which would seem to differ from your member profile)? I can only presume that the loan company knew what the finance was for. And would have asked you for your 'occupation or profession' (even though self-employed) when filling in the application forms.

There's no need to answer any of this unless you feel like it. If the credit agreement is unenforceable due to its content (or lack of!) then you will have something to work with. I'm just searching for any other avenues that may be open to you. The more shit you can throw at Blemain's fan the better. Or anyone else's fan for that matter

[transformer999]

Re: hi i need some urgent help and advice pls

Well they say better late than never hey?

[Spent2much]

Re: hi i need some urgent help and advice pls

I know how you must be feeling but it's not worth getting so depressed over it, at the end of the day it's only money which is a commodity made up as a means of exchange which doesn't really exist as such. There is no amount of money that can pay for your life and your family's life, health and well-being. You and your family would never end up on the streets, there is rented accommodation and housing benefit *if* it ever came to that!

There's always a way out of any situation and you couldn't be in better hands. Paul is an expert on Consumer Credit Law and has won many cases in favour of the consumer.

It's a shame those guys at CAG and LB were never able to come up with anything better than they did, so it's no wonder you're feeling frustrated after being in this situation for a few years, but you've come to the right place and everything's going to change for the better.

Any debts secured on your home always take priority over any unsecured debts so don't worry about paying any cards or loans you may have. Let's get this out of the way first and then we can look at your other debts.

Don't be ashamed of not opening the post, for years I hardly ever opened anything resembling a bill or statement. They probably even got CCJs I never even knew about in 2004-7. To this day, I still find it quite difficult to look at bills and statements. You're not the only one!

There is something about this forum where you feel safe and just know the people on here are going to help you in any way they possibly can, it seems we come here last when we should have come here first .

[vossy]

Re: hi i need some urgent help and advice pls

You are in the very best possible place for help, you need to relax a little now and let the people helping you do their thing, it will not all happen overnight but you will get the help you need, your family is more important than anything else, everything else can be replaced, take care of the family and let people help you, use tomorrow as a starting point for the rest of your life, easy for me to say I know but stressing over this will just make you ill and then who will look after your family?
Good luck my friend

[PlanB]

Re: hi i need some urgent help and advice pls

Shelter may be experts on housing but we're looking at the loan and agreement.

I think P1 is saying chill a bit. Take a step back. It's fine linking but enough of this "I've found your local office etc". We're adults. A simple link to shelter is suffice.

Let's see what Paul can do with the agreement yea, shelter come second when it comes to loans and their paperwork!

I agree with you completely on the bridging loan which is secured by a second charge over his home which could have a flawed agreement But Jimmy says he also has arrears on his first mortgage and is expecting his lender to issue court proceedings for possession of his family home any minute if they haven't already done so. That is a loan which AAD is not looking at since it's a traditional mortgage - unless Paul says different in which case I'm sorry for suggesting a red herring with getting separate housing advice from Shelter

If the house is repossessed by the first mortgage lender, then the lender with any second charge would get their money automatically and it will be much harder to fight those unfair interest charges after the event.

http://forums.all-about-debt.co.uk/s...1&postcount=88

[SaltnVinegar]

Re: hi i need some urgent help and advice pls

JimmyQ

I know its difficult to see through things when its all so close to you and personal.

The important things you have though - wife, children, moments, memories, are indeed priceless, and also cannot be taken away by the scumbags trying to put you through the mill at the moment.

You are in great hands here, try not to let things get you down too much and relax over the weekend as much as you're able. Its easy to say, but money is just not worth stressing yourself over so much. Start enjoying what you have with your family, none of which is subject to contracts, or terms and conditions (unless you're Tom Cruise, haha) and as low as you may feel right now, start looking forward and think of all the things you're going to do together.

The biggest con in the world is the materialistic illusion that we are constantly bombarded with of a 'successful life'. 'Friends' is a superb example of this. Monica is apparently a sous chef, and Chandler is a data entry clerk, yet they live in a huge apartment near Central Park, which would swallow their combined salaries and then some.

The secret they don't want you to know is its bovine excrement. The financial world would shudder to its foundations if everyone woke up one morning and said 'to hell with this' and just went out and enjoyed each other and what has been put on this planet to provide wonder and enjoyment for free.

Look at your children, they will be totally unburdened by financial considerations and will take delight in the simplist of things they discover during the day. Join them and let Blemain leave your thoughts.

They truly aren't worth it.

Best
SnV

[transformer999]

Re: hi i need some urgent help and advice pls

jimmyq do you have any paperwork from the court or any reference number? if not then maybe you can give the court a call and ask for a copy of the last court order made IF you have a suspended possession order.

Great Paul & Niddy are looking in to this...and to help things along maybe this is something you could do yourself on the side.

And talking about feeling suicidal....trust me don't ever entertain that thought in your head especially over scum like Blemain.

You sound a wonderful guy whose priority is his wife & family...so focus on the good things and delete all negatives thoughts like that out of your mind immediately.

Just look at the help, support and responses you have received since yesterday.

I know exactly what you are going through...and speaking as a lady I have not and refuse to throw the towel in until the fat lady sings...hang in there ....SOS ADD is with you all the way

[helmsman]

Re: hi i need some urgent help and advice pls

just going through some emails ive been getting from crystal mortgages is it usual for them to keep track of a customers account and know how much is owed to the lender and when eviction dates are in place aswell as exactly whats owed to the lender?

seems a bit odd considering i took the loan through them 5 years ago and how they are still there offering me help and advice on remortgaging and which estate agents to use etc to seel my house and clear the bridging loan etc

Offering help I think not just trying to increase their income more likely, I too am going through repo have been for 2 years now my case is with the FOS and has been for 15 months but thats another story, I do know that before the original mortgage company can reposess they must follow the code of conduct ie repossession is last resort so by your posts you are not really behind on that one. Easier said than done but try not to stress to much the help from the knowledgeable people on here will help.ps I am not one of the knowledgeable ones.

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

I'm afraid I can't agree with you on this point. AAD are experts on debt but Shelter is the expert on housing issues with lawyers trained to deal with this specific area of the law and the poster's family is currently facing eviction from his home having already got a court order for possession. Time is of the essence. I don't feel there's a conflict of interest or anything to cloud the issue or any harm in the poster having his mind put at rest by getting some background info and talking to Shelter over the weekend about the family's future living arrangements if an imminent eviction is successful.

Shelter may be experts on housing but we're looking at the loan and agreement.

I think P1 is saying chill a bit. Take a step back. It's fine linking but enough of this "I've found your local office etc". We're adults. A simple link to shelter is suffice.

Let's see what Paul can do with the agreement yea, shelter come second when it comes to loans and their paperwork!

[jimmyq]

Re: hi i need some urgent help and advice pls

this is part of blemain too id say

http://www.oft.gov.uk/OFTwork/consum...8C4ADAFC640BBC

[Undercover Elsa]

Re: hi i need some urgent help and advice pls

Half the battle is getting support to help you get yourself into the mindset to fight back, and you'll get more than enough of that on here, for as long as it takes. Nothing is worth considering taking your own life.
Up to now they have had you running round in circles not knowing which way to turn, but you have strong support and help now, and the more you draw strength from that the easier the battle becomes.

Even if the agreement turned out to be rock solid...which I doubt looking at the circumstances, there are other ways to skin a cat.
Time Orders for instance...whereby a judge opens a contract and can change interest rates if considered unfair, and lower instalments based on your financial circumstances.

That's just one example, but again let's see what the verdict is on the agreement first.

So keep your chin up!

[jimmyq]

Re: hi i need some urgent help and advice pls

just going through some emails ive been getting from crystal mortgages is it usual for them to keep track of a customers account and know how much is owed to the lender and when eviction dates are in place aswell as exactly whats owed to the lender?

seems a bit odd considering i took the loan through them 5 years ago and how they are still there offering me help and advice on remortgaging and which estate agents to use etc to seel my house and clear the bridging loan etc

[PlanB]

Re: hi i need some urgent help and advice pls

im not trying to make people sorry for me but ive had alot of thoughts running through my head some even suicidal as theres only so much one can take. the last thing i want is my wife and kids on the streets or in a shelter. so im going to stay strong and see if theres a way out of this mess

im so glad i came here i even slept a few hours last night the response,concern, support and advice is just awsome

And we've only just got started

We don't want your wife and kids out on the street either so we're pretty damn motivated right now to sort this if we can

I don't want to overload you with info but Paul posted up a brilliant Supreme Court Judgment where the family staved off eviction by pleading the Human Rights argument. Have a read when you're feeling bored with nothing else to do because it's quite uplifting

http://www.supremecourt.gov.uk/decid...essSummary.pdf