This could have a very major effect on repossessions

[Dougal16T]

Re: This could have a very major effect on repossessions

Good evening all

Thanks for the fast response Righty. The reason I believe in my case to have the position changed as far as the Charging Order is concerned, is the terms and conditions of the loans (both secured and unsecured - at the time) which formed the 'Together' package from Northern Rock!

I am telling you EXACTLY what it says in the agreement terms and conditions as set out in paragraph 5 of the terms and conditions letter (which came with the agreement) from McKeag and Co, they were the solicitors who acted for Northern Rock at the time - I'll send you a copy of this document if you like!!

I know it sounds strange (?) but that is what it says!! By the way I thought 'Rollocks' were something you had in a boat.......!!

This is an unusual situation I think, but then isn't the whole concept of Banks and Building Societies being wrong, unusual - pardon my cynicism!!

Again thanks for the input..

As ever best wishes to all
Dougal

[righty]

Re: This could have a very major effect on repossessions

No need to send me a copy of anything as I don't doubt for one minute what your saying is correct - what I'm saying & irrespective of what any document states, is that you or I or anyone else can't enter into a contract for another WITHOUT their express consent

[Dougal16T]

Re: This could have a very major effect on repossessions

Good morning all

Thanks again for the response Righty. Does this mean that the agreement is invalid, I wonder?

If this is the case, it makes any action in a Court of Law void, does it not? Or am I misinterpreting this?

Again, thanks - you've helped to clear my tiny brain (somemone needs to....!

As ever best wishes to all
Dougal

[righty]

Re: This could have a very major effect on repossessions

Without reading the agreement at length it's hard to say but I wouldn't assume that because that term is wrong the whole of the agreement is voided - after all you admit you did sign so the only person who would almost certainly benefit from disputing it will be your ex - however if you really want to be satisfied I suggest you run it past a local solicitor & ask him the same question namely 'is it enforceable'?

[Dougal16T]

Re: This could have a very major effect on repossessions

Good evening all

Thanks for the response again Righty. I shall do exactly as you suggest. I'll keep the forum posted as to the result.....

As ever best wishes to all
Dougal

[Dougal16T]

Re: This could have a very major effect on repossessions

Good morning all,

Turning to the question of repossessions again (!).....I took out a mortgage with the I Group and obviously signed the documents between myself and the I Group (This was BEFORE they were bought out by G E Money). I DID NOT sign any agreement with GE Money.

I got into difficulties with paying the mortgage and GE Money then started repossession proceedings. (Payments were being made to GE Money, following receipt of a letter telling me of the change) My question is basically this:

I understand (and I could well have got this wrong) that for an agreement to be enforceable, then it must be between the creditor and the debtor.

In this case there is no signed original agreement between myself and GE Money, because I never signed any such agreement.


Is the fact that GE Money cannot/could not produce the original or a certified copy of the agreement between us enough to invalidate/stop/void any proceedings they are taking?


Am I barking again......??

As always best wishes to all

Dougal

[Jockstrap]

Re: This could have a very major effect on repossessions

Also the Treasury Committee have issued a report which is almost word for word the same as Carmel Butlers submissions - they also entreat the FSA to insist that the true owners register with the LR as required by law

Do you have a link to this report. I have read the latest report from the committee, which did cover securitisation, but I could not find a reference to legal title.

I can only find reports with Carmel Butlers actual submissions nothing from the Committee in support or agreement.

Many Thanks