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Possession order, unregulated mortgage. Residential first charge. URGENT help please

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  • Possession order, unregulated mortgage. Residential first charge. URGENT help please

    Can anyone advise please, as possession order already granted to the lender, & vacate deadline is a few days away.
    I realise that posters will have many questions but, please, can anyone help these questions first? I need to clarify what protection, if any, we have to delay possession and receivers.

    For info: Unregulated residential first-charge mortgage, entered into in May 1992, term officially ended May 2017, extended beyond that date due to health & other issues.
    From

    Q1 Would this mortgage have become a regulated mortgage contract (RMC) from 21 March 2016 PERG 4.4.1 and should the lender have issued revised ts&cs at that point? The lender obtained a straight possession order saying the court had no discretion under s36 of AJA 1970 - was that correct or should CCA or FSMA have applied instead.

    Thank you

    Tags: None

  • #2
    Originally posted by Wessie View Post
    Can anyone advise please, as possession order already granted to the lender, & vacate deadline is a few days away.
    I realise that posters will have many questions but, please, can anyone help these questions first? I need to clarify what protection, if any, we have to delay possession and receivers.

    For info: Unregulated residential first-charge mortgage, entered into in May 1992, term officially ended May 2017, extended beyond that date due to health & other issues.
    From

    Q1 Would this mortgage have become a regulated mortgage contract (RMC) from 21 March 2016 PERG 4.4.1 and should the lender have issued revised ts&cs at that point? The lender obtained a straight possession order saying the court had no discretion under s36 of AJA 1970 - was that correct or should CCA or FSMA have applied instead.

    Thank you
    Hi there

    When you say extended, how? Was this in writing, or an agreement over the phone? it would be good to know what we are dealing with
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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