repossession -1 week to go- help please

[bluebottle]

Re: rePossession -1 week to go- help please

Just when i thought i'd nailed it. NWB soliditors called me and basically the gist of the conversation was if i pursue the appeal re judge…. they will withdraw the 6 months stay and nail me with double costs. i did suggest that was paramount to black mail. any pointers pleased as i am feeling like i am between the devil and the deep blue sea!

That needs reporting to the CPS. What NWB solicitors have done is tantamount to perverting the course of justice. If you have the name of the solicitor who made this threat, report the bugger to the Solicitors Regulation Authority (SRA). What they have done amounts to serious professional misconduct which could result in them being struck-off at the very least.

[herself19]

Re: rePossession -1 week to go- help please

It's becoming a nightmare. I think I'm going to need help with this they panicked because I'm in contact with the RBS CEO office and have asked them why their solicitors, despite me making an offer to them on April 30th and chasing them up 3 times- they left it to the 11 th hour and didn't respond until the date of the possession order causing the maximum distress. Not nice at all...

Then I find they are giving my estranged brother updates without my permission ( I had asked him for help at start of this as he is worth millions) he declined but has clearly taken contact details of my court paperwork and can't help but be the proverbial on wall! The rate I'm going I will be suing every one.

[Crazy council]

Re: rePossession -1 week to go- help please

hi

I'm in contact with the RBS CEO office and have asked them why their solicitors, despite me making an offer to them on April 30th and chasing them up 3 times- they left it to the 11 th hour

thats a good angle to take

Then I find they are giving my estranged brother updates without my permission ( I had asked him for help at start of this as he is worth millions) he declined but has clearly taken contact details of my court paperwork and can't help but be the proverbial on wall

thats also good, the ICO are very good and strict.. ask RSB what permission they used to provide him with any details.

but.... deal with the court action rather than RBS so you get controll

despite me making an offer to them on April 30th and chasing them up 3 times- they left it to the 11 th hour and didn't respond until the date of the possession order causing the maximum distress.

make sure thats mentioned in the stay/appeal requests

[herself19]

Re: rePossession -1 week to go- help please

It's all included in the application for a stay snd behavior since I am recording for hearing
im not going to be blackmailed and will be onto their solicitors Monday and to the CEO office. Who are the ICO ?

[bluebottle]

Re: rePossession -1 week to go- help please

Under the Human Rights Act 1998, in any legal proceedings, you are entitled to a fair hearing and to be given the opportunity to prepare you case. If the court is allowing the other side to do what they like, including abusing the legal process, the court, being a pubic authority within the meaning of Section 6 of the Act, is performing an act or acts incompatible with your right under Article 6, European Convention of Human Rights, which is enshrined within the Act. In short, the court must ensure that where a defendant is a person, their human rights are upheld. The Convention Rights are inalienable and inviolate, meaning that they cannot be restricted or taken away from you and a public authority must not breach them.

The ICO is the Information Commissioner's Office. They are responsible for data protection issues.

In view of the attempts to blackmail you into doing what they want, I would be inclined to ask the court to refer the matter to the CPS. However, any decision to refer is up to the judge.

If you have any concerns as to the conduct of the judge, there is a body known as the Judicial Appointments and Conduct Ombudsman (JACO) to whom you can complain. However, it is very important to ring them in the first instance and as soon as possible after a judge's conduct comes into question, as time-limits apply.

There is also the Correspondence, Complaints and Litigation Unit (CCLU) of H.M. Courts and Tribunals Service (HMCTS) to whom you can complain about the way a case has been handled - or mishandled - by a court. In the first instance, send an email to general.queries@hmcts.gsi.gov.uk quoting a contact telephone number. If they require you to submit a written complaint in hard copy, they will telephone you. On the whole, the staff at HMCTS CCLU are helpful.

Hope this helps.

[Crazy council]

Re: rePossession -1 week to go- help please

snd behavior since I am recording for hearing

you can record what you like but you can not use it as evidence at court, and can not play the recording to anyone else without the other persons consent. There are a few circumstances were you can get a judge to allow it to be added, but thats for serious criminal offences..... You have to inform them when recording that it may be used in court to make it valid

I mentioned the ICO becuase unless they have written consent from you to discuss your matters, they have already breached the act, depending on how bad the breach is, depends on how the ICO acts

BUT HOLD THERE..... Ust the suggestion of DPA breach when communicating nicley with RBS, It takes ages but the ICO are good

You going about it the right way, through the court,

Under the Human Rights Act 1998, in any legal proceedings, you are entitled to a fair hearing and to be given the opportunity to prepare you case

Great advice for a human rights solisiotor, any LIP trying to use the human rights act would get short shifted by the judge..... Plus HRA is for later stages, appeal court not local or administrative court.......

I do get the reason you said that bluebottle, but, my experience of courts since 2005 have show me to confine what i do at lower and administrative courts to the legal arguments.... in this ladys case, i would suggest her legal argument for stopping/suspending need to stay around. 1. Her willingness to deal with it already shown by putting house up for sale. 2. The dispute over the validity of some of the debt or charges but the acceptance that some is owed. ( you will need help off the others for this ) 3. There failure to respond to the offer until the last moment that they are now considering ( you probably will not be able to use that email they sent you without permission, it would be classed as without prejudice, even if not marked, if any of the communications in relation to negotiation, are claimed as WP, then all are....

You seem to be doing the right thing ( at the very last possible moment ). you just need to turn your argument into listable material facts, and show the judge that you way has an end in sight, probably as fast as NWB, but cheaper for the estate.

[herself19]

Re: rePossession -1 week to go- help please

i thought i would give you kind people an update. As you know i filed both and order for a stay to allow sale and the set aside because the conflict of interest of the judge on the 22nd May. apart from receiving stamped applications i have received nothing else. mean while i have had 2 very low offers for house that are on the table until a better offer comes around.

I am in correspondence with RBS ceo office and have logged with them details of their solicitors 'threatening' behaviour.

Thank you all so very much and i will update as soon as i hear any thing.

[Crazy council]

Re: rePossession -1 week to go- help please

It does take a while for the paperwork to get through the systems, don't worry to much. I am very interested in the outcome of this.. I think you should get it re-heard because of the relationship with the judge..

I wish you the best of luck...... keep in mind, some of the other posters on here, are fantastic at finding holes in claimed debit. While you waiting, lets see if the others can do anything about the amount claimed.. you say a 30k unsecured loan changed to a 56k secured loan.

If there is any fault in what they have done/charged. this will go a long way in court for you

[Crazy council]

Re: rePossession -1 week to go- help please

Hi

read this http://www.theguardian.com/money/201...nature-forgery
( taken from someone else posts on here )
You say in post 7, your not sure you signed the documents.... You may be right.....

[herself19]

Re: rePossession -1 week to go- help please

Hi i am struggling to get my head out of the sand or the ovenagain with an 11th hour situation.
I eventually got from the court three weeks ago, a without notice order that granted me the extension of time in respect of the filing of the applicant's notice appealing the order of the district Judge that heard my case on the grounds of possible bias.
it ordered me to file a transcript of the judgement made back in April and any amended Grounds of appeal. I duly requested the tapes were sent to a court recommended transcriber who informed me there was no judgement only an order???
so I contacted the County Court of the circuit judge explaining the situation and they informed me that they have passed it back to the original court (Dartford) who never answer their phones just tell you to call back later. I don't believe I have any other amended Grounds of appeal other than the ones i included?

1. District Judge Glover is a neighbour and are known to each other. SEB 1
2. In 2005 District Judge Glover unsuccessfully objected to a planning application.SEB2
3. I believe that this has the potential of Bias as there has been a past conflict of interest.
4. Considered in his opinion that i was fit and well - despite the defendant awaiting Disability status for long term chronic illness SEB3

IN THE MEAN TIME …… I wrote again to the CEOs office appealing to their honesty and integrity which was a complete and utter waste of time. I offered them the 30 K that should've been charged to my house but they have decided TODAY that they will go on one document that didn't even bear my signature on the same page as the amount, was what I consider a poor forgery although they got a handwriting expert to report that whilst it was vastly different from my usual signature it was quite probably mine. they will also go ahead with a further £30,000 of interest and charges with a further £20,000 plus for legal fee!

the documents and only document I ever cited stated that the charge was in relation to: security of a £30,000 guarantee by the borrower in respect of all liabilities of the ultimate applicants (which was the business that went into liquidation) to NatWest bank of any kind and (in support of that guarantee) a legal charge over the property which secures all liabilities of the applicant to the bank of any kind.

NatWest's lawyer who has managed to speak to my estranged brother without my permission(Who is a very wealthy client of NatWest), and who I consider to be unscrupulous. notwithstanding she seems to job hop on a three monthly basis around the Manchester legal firms and has NatWest following her, has told me that that above statement means the 30 K plus any charges plus any interest and of course the legal fees. she also stated that as I will be left with just under 200 K equity which will not buy me a property in this area near to my family that I should to be hit with the 82,000 as I can afford it! please bear in mind that there was only 18 K outstanding on this 30 K loan at the time they called in when the company went into liquidation. After 1 hour she had reduced me to tears yesterday,
so Monday I cannot file a transcript of the judgement and I don't have any amended Grounds of appeal which is file and serve day.

this matter was put with the financial ombudsman who was handling and investigating the case however, NatWest disregarded my rights and commence legal proceedings against me. this resulted in the ombudsman having to withdraw as it was now within the court arena.

once again with the letter from the CEOs office today it offers me but should I be happy I can contact the financial ombudsman- which of course I can't because it's a matter for the courts.


I have never fought so hard to the roof over my head that I have worked 40 years for. this is cause least such mental stress and simply so near the edge I cannot even begin to explain.

once again I thank you in advance for any help and hope that crazy council gets to look at this

[Amethyst]

Re: rePossession -1 week to go- help please

[MENTION=15129]Crazy council[/MENTION]; (just to grab attention

You need help with this herself, and not from your brother by the sounds of it. Have you spoken to a decent solicitor at all?

[herself19]

Re: rePossession -1 week to go- help please

Hi Amethyst. I have had blips of what Has been bad advice and practice along the way as when finances have been found. but basically I've had to go it alone and I think West Bank and the courts have taken full advantage of this. this site has been the most help and was recommended by my cousin, so all credit to you guys.

I am open to suggestion… As because of this or should I say this has not helped the fact that my health has been compromised to the extent I have lost my business and income of 18 years so finances are limited apart from the equity in my home that I'm trying to protect from NatWest bank.

[Crazy council]

Re: rePossession -1 week to go- help please

hi

I eventually got from the court three weeks ago, a without notice order that granted me the extension of time in respect of the filing of the applicant's notice appealing the order of the district Judge that heard my case on the grounds of possible bias.
it ordered me to file a transcript of the judgement made back in April and any amended Grounds of appeal

Did it give you a date to file it.

re the transcript ( had to do this myself ). The judge may not have recorded the session, so there may just be an order. ( you can ask the court if the recording was made or just summery order )

Did they grant the stay of execution ?

IN THE MEAN TIME …… I wrote again to the CEOs office appealing to their honesty and integrity which was a complete and utter waste of time. I offered them the 30 K that should've been charged to my house but they have decided TODAY that they will go on one document that didn't even bear my signature on the same page as the amount, was what I consider a poor forgery although they got a handwriting expert to report that whilst it was vastly different from my usual signature it was quite probably mine. they will also go ahead with a further £30,000 of interest and charges with a further £20,000 plus for legal fee!

Re the above, There are some properly clever people that post on here that understand these type of agrrments inside out, and every potential fault in them. some of them with experience with RBS, I would be helpful if you list every debt plus relevant dates, all charges plus relevant dates, plus all and any actions, plus dates and charges.

Put down the details, some of the debit experts will jump in if they see if they can find any faults.

I will be left with just under 200 K equity which will not buy me a property in this area near to my family that I should to be hit with the 82,000 as I can afford it! please bear in mind that there was only 18 K outstanding on this 30 K loan at the time they called in when the company went into liquidation. After 1 hour she had reduced me to tears yesterday

again, this makes putting down the full details more important.

I have never fought so hard to the roof over my head that I have worked 40 years for. this is cause least such mental stress and simply so near the edge I cannot even begin to explain

I have been there, so have many of the posters...

I will have a good read through this weekend, and am going to suggest you start a complaint with the IVCO in relation to them reviling info to your borther.

I also suggest a full SAR request of natwest, this will help with the ICO complaint, and may get you some details of what they have been saying to your brother.

and remember i sugested one of your ground of appeal should be that the judge failed to consider the other options that were lesss costly for the estae. I WOULD DEFFINATLY HAVE THAT AS PART OF THE GROUNDS FOR APPEAL.

you might suggest that it was becuase of your prior dealings with the judge, that this was the reason he failed to consider less costly options for the administration of the estae.

Also, ask for a breakdown of costs from RBS solicitors,

[herself19]

Re: rePossession -1 week to go- help please

I have just spoken to the transcribers (they wouldn't let me do it myself) and they are adamant there is no judgement just a formal order. prior to that there was a little over one hour to-ing and fro-ing, that's all.

the root of the problem is that NatWest appointed a company to put the charge of my house. on 16 May 2005 they sent a letter to me stating they were put in charge on the property for: Security of a £30,000 guarantee by the borrower in respect of all liabilities of the ultimate applicants (which was the business that went into liquidation) to NatWest bank of any kind and (in support of that guarantee) a legal charge over the property which secures all liabilities of the applicant to the bank of any kind.

I have found the company that carried out the charge and have spoken to them today they stated that as far as they were concerned the charge was for security of the 30,000 guarantee which coincides with the letter they sent me in May 2005 however he explained that the addition of 'which secures all liabilities of the applicant to the bank of any kind' covers the bank for future lending. at that time the loan I took was for 30 K and there was an unsecured overdraft facility that had a life insurance policy (term) that the bank had set up. Apparently this kind of misleading charge (where they say 30 K and mean any amount!) is no longer allowed or carried out.
over the past 40 years I have had a number of personal loans from NatWest bank all paid back without problems.

at the time of the companies voluntary liquidation, the amount of the 30 K debt outstanding was 18k there was approximately 20k overdraft - (I also had a personal loan and credit card that from that date of the liquidation I paid back the sum of £28,300 relating to the amount borrowed/owed and the relevant interest. )

so as of today they maintain that I owe including interest and including 20 K legal fees the sum of 82K.

an important point is they produce this document with my signature supposedly referring to the amount increasing to 56K this was dated the same day as the 30 K charge was placed my property?????

my explaining myself okay?

[Johnboy007]

Re: rePossession -1 week to go- help please

I would have thought that a 'conflict of interest' occurs in this instance, regarding the judge who made the decision etc.

Conflict Of Interest.........
A situation that has the potential to undermine the impartiality of a person because of the possibility of a clash between the person's self-interest and professional interest or public interest.

.