Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

[gemspan]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

Had the Pursuer's agent been in court today I'm sure I would have had an answer. Now I have to wait until next month. I was told to send all my evidences to the Pursuer's agent by recorded delivery. I think this is shocking. I wonder why the solicitor did not advise their client to negotiate with me knowing that they lost a case in April and the Defender was awarded expenses? They clearly thought that I wouldn't find out about that.

[Ruby]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

Thanks for update Gemspan, sign of today's economy with repo's - very sad indeed. I think OFT REALLY MUST get off their backsides!!! Wish judges were more human, wishing you the best of luck as always ....

Ruby

[TUTTSI]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

You can make an offer to repay the mortgage arrears over the remaining term of contract - subject to being able to keep up the full monthly payments + the arrears. By quoting the Cheltenham & Gloucester v Norgan case. http://www.google.co.uk/url?sa=t&rct...7hiW09eZAyNMng


Example:- if you have say 10 years left to run and say you owe £2k (arrears) = £16.67 per month on top of your normal monthly comitment.

If you were able to pay back the arrears in a shorter term you could still use this case to achieve your goal.

I would work out what you could afford and try and put something forward before your next hearing to show the judge that you want to clear the arrears and how you have tried to negotiate with the lenders, this will not put them in good light if they ignore the very relevant case that I have quoted you. It worked for us with a sub prime lender and we paid our arrears over 4 years, it was hard but we managed to save our home.

[SpringerSpaniel]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

Can you post a redacted copy of the mortgage agreement, to see if theere is any explicit statement as to which jurisdiction's law the contract is governed by ?

[gemspan]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

There is....the law governing the mortgage contract is The Property Law 1925. Its a mortgage offer with separate T&Cs which should be Scottish but they sent English. The solicitor prepared the Standard Security under Scottish T&Cs and in it I have acknowledged receipt of the Scottish T&Cs, but I couldn't possibly have received them...and neither could my solicitor have received them. He was negligent throughout the entire conveyancing.

Tuttsi, if you read my comment you'll see that this is exactly what I did today. I've worked out the repayment plan but they didn't want to talk about that today....just continued so that the Pursuer could answer the question of why they lied and said I had not contacted them. I've been contacting them for years trying to get this sorted. The longest they will agree to is 2 or 3 months and then I have to go through the I&E again. It's a nonsense.

[TUTTSI]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

But did you actually quote the Cheltenham & Gloucester v Norgan case and did you put this in writing to the lenders.

I am not familiar with Scottish Law, so not sure if this case would cover in Scotland, it was this case that helped us and just wanted to share it with you, if it is of any help.

There is....the law governing the mortgage contract is The Property Law 1925. Its a mortgage offer with separate T&Cs which should be Scottish but they sent English. The solicitor prepared the Standard Security under Scottish T&Cs and in it I have acknowledged receipt of the Scottish T&Cs, but I couldn't possibly have received them...and neither could my solicitor have received them. He was negligent throughout the entire conveyancing.

Tuttsi, if you read my comment you'll see that this is exactly what I did today. I've worked out the repayment plan but they didn't want to talk about that today....just continued so that the Pursuer could answer the question of why they lied and said I had not contacted them. I've been contacting them for years trying to get this sorted. The longest they will agree to is 2 or 3 months and then I have to go through the I&E again. It's a nonsense.

[gemspan]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

Yes absolutely! They still refused despite knowing they had received the judgement against them for refusing to do this with somebody else. The case is only used as a persuasive argument in Scotland....it is not actual law! One judge having recognised it as being relevant and a test of "reasonableness" is a good start but they don't have to follow it here sadly!

[cul8rm8e]

Re: Hi from Scotland....repossession with Sub-Prime Lender! Interesting case!

When a contract was put to my solicitor it stated that it was under English law, my solicitor immediately got back to them to have it changed as it can only be under Scottish law if the contract is relating to property in Scotland.

hope this helps