Repossession hearing adjourned for 8 weeks following my complaint.

[muminneed]

Apparently there was to a repossession hearing for my property on October 7th. I found out about this after a letter from the banks solicitors saying they'd asked for it to be adjourned due to the complaint for 8 week. Is this a good thing? At last I feel they have acknowledged a complaint! Not so great so close to Xmas xx

[Kati]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Hi [MENTION=46636]muminneed[/MENTION] ... It sounds like you've now got 8 weeks to appeal against he repossession can you give us any more details???
Which bank?
What was your complaint?
etc ...

Kati xx

[mumisskint]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Hi Kati,

Its a really long story. I posted up the complaint I sent here which tells it all. Forgive the repetition I was trying really hard to be concise.
http://www.legalbeagles.info/forums/...an-please-read

I can't really afford the loan repayments they want and I don't understand why they won't let me have a mortgage but are happy to give me a loan for double what a normal monthly mortgage repayment would be, which I could afford.
Im not really sure what to do next.

Thanks for answering.

Aly

[bluebottle]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Have you spoken to the FOS? It might be an idea to do so now. I have not been on LB lately because I have been helping people deal with unlawful and illegal mortgage repossessions. One thing myself and others in this field look for is whether the lender and/or their agent have lent responsibly and whether adequate and proper checks were made at the time the mortgage was applied for. If not, this can result in the lender being unable to enforce any alleged debt as the courts can deem a lender to have lent irresponsibly or recklessly and, as a result, to have lent at their own risk, the risk being that they may not get their money back. Check whether proper checks were made when you applied for a mortgage. Also, bear in mind that mortgage lenders are required to treat borrowers fairly. This is why you need to speak to the FOS.

[Kati]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

I've just had a read through your other thread .... what a b***s up by the bank

I hope this 8 weeks gives you enough time to sort everything!!

Have you sent a 2nd sar request (reminding them that they have failed to respond to your previous one)??

Kati xx

[bluebottle]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

I've just had a read through your other thread .... what a b***s up by the bank

I hope this 8 weeks gives you enough time to sort everything!!

Have you sent a 2nd sar request (reminding them that they have failed to respond to your previous one)??

Kati xx

Any chance of a link, please, Kati?

[Kati]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Any chance of a link, please, Kati?

See post #3 on here BB ... the OP kindly put one up herself (I'm on my phone and can't put links up )

[FlamingParrot]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Any chance of a link, please, Kati?

See post #3 on here BB ... the OP kindly put one up herself (I'm on my phone and can't put links up )

http://www.legalbeagles.info/forums/...an-please-read

I was once known as the 'Link Fairy'.

[Kati]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

http://www.legalbeagles.info/forums/...an-please-read

I was once known as the 'Link Fairy'.

Thank you [MENTION=37786]FlamingParrot[/MENTION] xx

[bluebottle]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Many thanks for the link, FP. Having looked through the other thread, I would say it was irresponsible/reckless lending on the part of the bank. They know they are required to carry out checks and it is clear this has probably not happened. There is also evidence of potential fraud on the part of bank employees.

Given what has come to light, I would be looking to have any attempt at repossession struck-out.

[mumisskint]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Hello,

Thanks for the replies. I put at the top of the complaint that I didn't think it was enforceable, is that the same thing as getting it struck out. I haven't given this to FOS yet as the bank have yet to respond to a complaint, even though they have had 8 in total. FOS said they really would like a final response first.
My difficulty is that when I get to the court bit Im going to fall over because I don't know very much. Im looking all this stuff up, then someone says 'its a business loan' and the FCA are still arguing whether it is or not. So its the knowing what to say to the Judge. Im quite capable of saying it its just what, the bits of law that back it up. Where do guys find all this stuff and then have total faith that you're right?
Mumx

[mumisskint]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Kati, in terms of the SAR, yes I have sent a third. They've come back and said something about 'as Im now pursuing them they don't have to provide it and I can ask a court to judge whether I need the info or not ...."?

[mumisskint]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Many thanks for the link, FP. Having looked through the other thread, I would say it was irresponsible/reckless lending on the part of the bank. They know they are required to carry out checks and it is clear this has probably not happened. There is also evidence of potential fraud on the part of bank employees.

Given what has come to light, I would be looking to have any attempt at repossession struck-out.

Hey bluebottle,
After the first contract they never once checked my financial situation and I told them frequently I had no money. For me, if someone makes no payment in over a year, that says it all, but still they carried on lending and changing and upping the interest rates.

[bluebottle]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

That sounds like irresponsible/reckless lending to me. FCA and FOS need to stop pussyfooting and faffing about and do something like coming down hard on the lender. I am attaching some documents written by judges which may be of help to you. Chancery is the division of the High Court that deals with land and property matters. Queens Bench Division can be useful in some cases. The Handbook for LiPs may come in useful.

Property Repossession is subject to the Civil Procedures Rules Part 55 Practice Direction. Look through it as it will give you some pointers.

Hope this helps.

http://www.justice.gov.uk/courts/pro...l/rules/part55

[Kati]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Kati, in terms of the SAR, yes I have sent a third. They've come back and said something about 'as Im now pursuing them they don't have to provide it and I can ask a court to judge whether I need the info or not ...."?

An sar request isn't based on whether you 'need' the information or not .. If you've sent one (with the £10 that they might ask for) and they haven't responded you should send a complaint to the ICO. (maybe [MENTION=37786]FlamingParrot[/MENTION] would be kind enough to put another link up for me ) They are obligated to send your documents after 40 days of receiving the SAR request.
Xx