Urgent advice needed!

[thephoenix]

Re: Urgent advice needed!

Cuckmere Brick Co Ltd v Mutual Finance Ltd [1971] Ch 949
Here judge Salmon LJ ruled: "...a mortgagee (lender) in exercising his power of sale does owe a duty to take reasonable precautions to obtain the true market value of the mortgaged property at the date on which he decides to sell."


Don't quote me on this but I think one of the steps to ensure the above, is to advertise the property through an estate agents first for a minimum period of time. That what platform had to do with out property and it had to be advertised properly with no mention of repossession to anyone.

[thephoenix]

Re: Urgent advice needed!

I think an SAR to all concerned to get the all important information is in order.
They have 40 days to comply.

[jet_black]

Re: Urgent advice needed!

Looks like I'm going to be a busy girl....

[stevokenevo]

Re: Urgent advice needed!

Well, you've done the right thing, you've asked the question, which is the first step.

Now its a case of gathering your info, keep us informed of your progress, and any questions just ask, there are plenty of knowledgeable people more than willing to help!

Good Luck

[jet_black]

Re: Urgent advice needed!

Thanks to all who have replied so far, it really means a lot to me, I feel like there is such a huge mountain to climb with this and all our other financial woes. It's nice to know I'm not alone.

[Happyolddog]

Re: Urgent advice needed!

Hey Jet,

You are starting out on the road to recovery, I know it's easy for me to say don't let them get you down, so I wont. But you stick to your guns and fight them all the way. I have on many occasions for myself and others over the past few years and won everytime. The law is on your side and so are we.

Best wishes,
Hod..Liam...

[WendyB]

Re: Urgent advice needed!

Hi Jet

in your post 10 above where you give the figures, they don't seem to add up to me.

House sold for 74369.65
Repo (68770.67)
Sub total 5598.58
Sent to Nemo (2208.35) (was this to cover arrears)
Surplus??? 3390.63 This is a big difference from the mortgage lenders surplus of 2261.22.

There might well be a gap in the calculations,if you don't have all the info to hand, but you need to account for that difference. Has the mortgage lender passed the surplus balance to you? If not, why not?

Wendy

[jet_black]

Re: Urgent advice needed!

we've not heard a thing from them, the only reason I know about these figures was because I got a SAR with the aim to reclaim penalty charges. I have a number of questions for them, the money sent to nemo was supposed to be taken off the outstanding balance, but what was a £15,000 debt 1 year ago is now in the region of £25k and I really don't know where to turn.

[thephoenix]

Re: Urgent advice needed!

we've not heard a thing from them, the only reason I know about these figures was because I got a SAR with the aim to reclaim penalty charges. I have a number of questions for them, the money sent to nemo was supposed to be taken off the outstanding balance, but what was a £15,000 debt 1 year ago is now in the region of £25k and I really don't know where to turn.

SAR both the mortgage company and Nemo. You have seen the one I sent platform, thats the sort of info you need from both of them.

When did you send the original SAR to the mortgage company??
You see they could refuse another SAR if that one was done recently, unless we can do an additional request pursuant to the original one.

[Paule]

Re: Urgent advice needed!

, unless we can do an additional request pursuant to the original one.

or you dispute that they did not provide a FULL SAR in the first place and that you still require the follwing info to fulfill you original SAR request

[jet_black]

Re: Urgent advice needed!

I received the SAR at the begining of August

[Paule]

Re: Urgent advice needed!

CheshireLad

I have moved your posts to their own thread

Cheshirelad v SPML - Legal Beagles

PKea