Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

I am waiting for the outcome of Financial Ombudsman Service investigation. . . . .

I have considered cutting my losses but I have a family that I have to consider so I have to keep on fighting as I don't want to be homeless.

You should write to the lender and ask them to consent to an adjournment of the hearing listed for December while you both await the outcome of the FOS investigation. Tell the lender that if they don't agree you will be making an application to the court for an adjournment and will also be seeking a costs order against them. If they do agree then formalise that with the court. If they don't agree then make an application to the court for an adjournment.

Tell the FOS there is a hearing date and ask for your complaint to be fast-tracked. They can do this if they want. They can also ask a lender to hold off proceedings while they investigate although the lender is not obliged to consent to this.

You won't be homeless because you have children and your local authority has a statutory obligation to re-house you in the event of repossession and eviction.

If your mortgage payments are up to date and the lender is repossessing you on the grounds of breach of contract for living in a BLT then have you not considered the option to move out? If the property is no longer with the LPA Receiver then how could the lender possibly evict any tenants who move in now. It was different when the property was in receivership when they did have the right to get rid of the tenants to sell the property. That was a different legal situation wasn't it?

[Psg2008]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

No offence taken. It has become a normal reaction.


Thanks for the information. I have spoken to a few more people but I am still not getting any joy. I am waiting for the outcome of Financial Ombudsman Service investigation.


I have considered cutting my losses but I have a family that I have to consider so I have to keep on fighting as I don't want to be homeless. I am confident that there is someone out there that can help or share their solution to a similar experience.

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

If not is there any similar human rights cases that I could use?

I can only give you hope not certainty but Paul posted this Supreme Court ruling where the issue of proportionality came into play. The Supreme Court decided that when ordering a repossession the court must consider whether 'the punishment fits the crime'. In other words judges must stop and think whether repossessing your home and evicting your family is really the right way to deal with your breach of contract, especially since you have respected all other aspects of your contract such as actually paying the fuckers. This judgment refers to Article 8 of the Human Rights Act. It may not apply in your situation but I damn well hope it does.

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

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

There isn't anything to hide this is why I have opened up to the public regarding this situation as it is crazy situation . . . .

Please help as all of this is destroying my family

My apologies for suggesting that there may have been a hidden agenda. I was simply trying to flush out the history of this unhappy chain of events. No offence intended. I'm on your side

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

At this point I just want to address the breach of contract even if it means moving out. The barrister has stated that this will solve one problem but the bancrupcy is something that can not be reversed or remedied.

That barrister seems to know what he's talking about. Go back to him. Common sense says how can you be repossessed for breach of contract for living in the property if you're not

This is the first time you've referred to your wish to have the BR reversed. Did this lender petition for your BR or play some part in any wrongdoing relating to your BR? Perhaps you mean that by evicting your tenants it reduced your income, but surely that would only disadvantage your creditors not you. Or maybe you're saying that if the lender hadn't evicted your tenants the rental income could have been allocated to reduce/clear those £30k charges which you are now facing and which form part of your repossession proceedings. I know nothing about BR but I am curious to know why this property wasn't included in your BR if it was an income-generating asset (you've said it could provide £700 per month profit)

I can only re-iterate that you need a lawyer to represent you in court in December and I'm no substitute. I only provide help, support and hopefully inspiration on which way to turn So have you considered seeking legal advice on whether you can file a counterclaim in relation to the lost rent following your tenants' evictions? That's what I would be looking at if I were in your shoes. It might even get them to discontinue with the possession proceedings. Just a thought

[Psg2008]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

Thanks for the input. Only one solicitor and barrister stated that I have 50/50 chance. The rest just charged me for going through the file, consultations, send find finding questions to the lender or assisting me with vesting order.

Before Junw there were only threats of legal acting being taken against me personally deapite living there.So the majority of previous solicitors didn't have anything to defend. Apart from the fact that tenants were being thrown out. Many of them stated that I could not be added to previous preceding as they were directed at my tenants

It all got serious when I started asking for the breakdown of fees as it took almost a year to obtain the information from the lender and LPA receiver. But not all the charges can be accounted for and every solicitor I address this with prefer not to address this issue as they stated that it not something they can address during a possession hearing.

There isn't anything to hide this is why I have opened up to the public regarding this situation as it is crazy situation

At this point I just want to address the breach of contract even if it means moving out. The barrister has stated that this will solve one problem but the bancrupcy is something that can not be reversed or remedied.

However the arguement put forward at the initial proceeding was why they did not take this action when I was insolvent in 2010.

Are you saying that there is no legal agreement out there or breach of contract defence that could assist me with my situation in my current state?

If not is there any similar human rights cases that I could use?

Please help as all of this is destroying my family

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

I have seen over 25 solicitors. I have travelled all over the country. I am sorry to say this but once you are on legal aid you get a substandard service. So I have had to paid for a lot of consultations whereby the outcome is that they were unable to assist for one reason or the other. . . .

. . . . . But I have faith that there is someone out there that can help me or steer me in the right direction

If 25 lawyers and a handful of barristers have said that you haven't got a legal leg to stand on then maybe it's time to bite the bullet. I would be surprised if a court would grant you an adjournment on the basis that you are looking for Lawyer No 26. Solicitors like to make money and wouldn't turn away a winnable case. I can't agree that you get substandard service when on Legal Aid. Most Legal Aid lawyers are motivated by their principles not money.

What baffles me about your situation is why would your lender want to repossess you when you are paying the mortgage? There has to be a hidden agenda that either you're not telling me about or the lender isn't telling you. There is simply no logic to this. If they repossess you and sell the property at a loss what have they gained? They can chase you for 12 years but they probably won't get their money. Something doesn't add up.

So I think you are looking at damage limitation now. You say you have family who would be interested in buying the property. So here's a suggestion. Sell it to them and then rent it back. Get them to give you a tenancy agreement so you can claim Local Housing Allowance (aka Housing Benefit).

[Psg2008]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

Got all the valuations completed. Although my last solicitor said expiring this option would weaken my human rights agreement. But at this stage I am covering all options.

No I have seen over 25 solicitors. I have travelled all over the country. I am sorry to say this but once you are on legal aid you get a substandard service. So I have had to paid for a lot of consultations whereby the outcome is that they were unable to assist for one reason or the other.

Not to mention all these different debt solution companies I have approached.

But I have faith that there is someone out there that can help me or steer me in the right direction

[Psg2008]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

Unfortunately I have explored this option. Contacted Bristol Law Centre consistently until I was told they would not be able to assist me with my issue. I made them aware that they have helped me in the past with the same issue whereby I was in communication with a solicitor and had a case number. After several weeks I was told that they found some details and because the solicitor left the firm that was helping me they were unable to assist me.

I was given lots of different numbers whereby I could only leave voicemails. After a couple of weeks of not getting a response I gave up

I asked for a referal letter on many occasions so I could apply for probono assistance. But I never get a response to this request or its not fourth coming.

I have had to pay privately for help despite being on benefits and applicable to legal aid.

I legal aid assistance I got in the past was only written representation initially. They I was told that they had to apply for an additional legal aid certificate to represent me at the last hearing. (Which I ended up representing myself)

They obtained a barristers opinion prior understanding that I had a vesting order and the barrister advised that I had slight chance of winning on a human rights basis. I believe this was required to support my apication for legal aid

As a result the solicitor didn't want to go ahead. Stating that the managing director thought my case would not be successful.

They started making lots of excuses that my legal aid application would be turned down now that I have obtained a vesting order. As I will not meet the cryteria for funding due to the property value. I explained the property was in negative equity.

They also developed a problem about my bancrupcy and the LPA receiver. I asked them to verify any details that they required with the relevant party.

But the solicitor just on making excuses why the couldn't apply for funding and eventually my file was sent back to me. Leaving me stranded a few days before the hearing.

I haven't explored this option since July2013

I have also gone to shelter, bristol debt advice cente and the council. But none of them have been able to assist and I keep on getting sent around in circles

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

i have gone through at least 25 solicitors. Paid thousands in legal fees and not got anywhere.

I do hope that's an exaggeration. Hopefully the worst case scenario is a court would grant the lender a suspended possession order to give you time to sell the property. It might be wise to get some valuations from estate agents and even put it on the market to see if you can get an offer before the hearing. You don't have to go through with the sale if you succeed in getting the claim dismissed.

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

Yes proceedings started in June. Trail is scheduled for the first week of December 2013

i would like to ask the courts to reschedule the hearing for January to give me more time to seek for time to secure adequate legal representation

is the notice or application I need to complete as I was told I would need to get the other side to agree

That makes a big difference. You need to get legal representation fast. There's the Avon & Bristol Law Centre which may be near you:

http://england.shelter.org.uk/get_ad...&id=14170&r=20

You've not said whether you have an income or claim benefits (due to ill health) which could mean you'd be entitled to Legal Aid to defend this repossession. If your wife/partner's name is on the mortgage and/or her name is registered on the deeds at Land Registry then she may be entitled to Legal Aid in her own right.

A legal representative would have better success in getting you an adjournment by consent, but from everything you've said I don't see why your lender would agree except reluctantly "in the interests of justice". You have no mortgage arrears so they wouldn't be prejudiced by waiting longer for a hearing. Yes you can make your own application to the court for an adjournment if the lender won't play ball.

You really do need a solicitor for this because it's not straightforward if the Claimant is using breach of contract to get you out not mortgage arrears. Call the Law Centre tomorrow. Their housing line is open between 1pm and 4 pm. Tell them you have a partner and children who will be homeless by Christmas if this repossession goes ahead.

[Psg2008]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

Yes proceedings started in June. Trail is scheduled for the first week of December 2013

i would like to ask the courts to reschedule the hearing for January to give me more time to seek for time to secure adequate legal representation

But I don't know what the correct way of doing this and if a letter will be adequate and will I need to give another reason for the adornment

is the notice or application I need to complete as I was told I would need to get the other side to agree

[Psg2008]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

Noted

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

I keep on being told that this will not stop them for continuing with their legal proceedings to obtain possession and an order of sale.

Have possession proceedings actually been issued or is this just a threat?

[PlanB]

Re: Please help mortgage lender is trying to repossess my BTL and I am not in arrears!

My family stated that they would assist with the shortfall of the advance as the property used to make in excess of £700 net profit per month. This is the main reason why I have been trying to hold onto it.

I know the shortfall should go into my bancrupcy estate. But I was exploring this option as one of my family relatives wanted to buy the property but not at its current price

Bankruptcy is not my area but I'll ask someone to pop in who knows more. But be very careful if you're planning to sell this property at a below market value to a family member in some kind of 'discreet' deal.