House repossession from a Bank charge over the house from a Business Overdraft

[sharonma12]

Re: House repossession from a Bank charge over the house from a Business Overdraft

That made interesting reading....Thank you

[Mineral1]

Re: House repossession from a Bank charge over the house from a Business Overdraft

My Pleasure! Look even if they take this to court you go and argue your case. If you have a reasonable solution no Judge is going to evict you period. If you can sell to pay the Bank off then they have little claim as they can't say you are being unreasonable,
Please write to them and quote their own code!

[Mineral1]

Re: House repossession from a Bank charge over the house from a Business Overdraft

Also............http://www.financial-ombudsman.org.u...-contracts.htm

Thats worth a read!

[sharonma12]

Re: House repossession from a Bank charge over the house from a Business Overdraft

Also............http://www.financial-ombudsman.org.u...-contracts.htm

Thats worth a read!

Great - Thank you. Now, the Nawest Solicitors have already told me it has been referred to the courts to issue possession of my property. Is it still worth me writing to them? Or, do I prepare myself to be heard in court?

Thank you so much for all of your time.....

[Mineral1]

Re: House repossession from a Bank charge over the house from a Business Overdraft

I would write to them as the key to stopping them in their tracks is your willingness to find a solution. Make sure you mention their own agreements under the lending standards board code. Also view https://www.gov.uk/repossession/get-advice
Don't panic though, as long as you turn up to any hearing you should be able to iron it out fine!

[No More Chains]

Re: House repossession from a Bank charge over the house from a Business Overdraft

Hi Sharonma12
I'm new on the site but I have some experience of court cases as a DIY Litigant. Don't panic. You can quite easily drag this out for a year from the time they issue any proceedings which will give you time to sort yourself out. I would suggest first of all a Subject Access Request to get every piece of information they have. At the same time I would raise all sorts of regulatory questions using the topics in the FOS lending document paper and the lending code. Ask them lots of individual questions so they have to reply to each one. Head the letter "FORMAL REGULATORY COMPLAINT". They cannot take action against you while there are live complaints. Then if you are unhappy with any of their replies (which you clearly will be) then you have 6 months to decide to take it to the FOS. Take your 6 months to "consider" complaining. Then complain after 6 months. This buys you more time. The FOS are inundated at present and they have a backlog. NATWEST - our caring bank - should not take any legal action against you while you have live regulatory complaints. Post again if you actually get a claim form from them.

[sharonma12]

Re: House repossession from a Bank charge over the house from a Business Overdraft

I would write to them as the key to stopping them in their tracks is your willingness to find a solution. Make sure you mention their own agreements under the lending standards board code. Also view https://www.gov.uk/repossession/get-advice
Don't panic though, as long as you turn up to any hearing you should be able to iron it out fine!

OK - So today I have just received all of the paperwork for the court. As has my ex (delivered to my house)

Q: Do I STILL write to Natwest Solicitors....? And reply to the courts?
Q: Does my ex (who dosent pay a penny) need to fill his paperwork in as well?
Q: Would it be best if I could persuade him to come to court with me? Does he need to?

Thank you

[No More Chains]

Re: House repossession from a Bank charge over the house from a Business Overdraft

What "paperwork" have you received from the court? Is it a Claim Form? What is the date on it? By when do you need to respond with your defence?

[No More Chains]

Re: House repossession from a Bank charge over the house from a Business Overdraft

Is the Claim against both you and your husband?
Q1 - If it is a Claim then you deal with the court. Just acknowledge the claim and say you will defend the whole claim.
Q2 - If the Claim is against both of you then you both have to sign the Acknowledgement and later the defence
Q3- I don't understand what court you are referring to? Do you have a court hearing date? What is the paperwork that you have? I'm not clear what stage you are at.

[sharonma12]

Re: House repossession from a Bank charge over the house from a Business Overdraft

Is the Claim against both you and your husband?
Q1 - If it is a Claim then you deal with the court. Just acknowledge the claim and say you will defend the whole claim.
Q2 - If the Claim is against both of you then you both have to sign the Acknowledgement and later the defence
Q3- I don't understand what court you are referring to? Do you have a court hearing date? What is the paperwork that you have? I'm not clear what stage you are at.

I have just received a Claim Form from the Court for 'possession of Property'
Hearing date 18th Feb 2015

They are claiming possession of the property to repay the Overdraft debt of now 56k

[Mineral1]

Re: House repossession from a Bank charge over the house from a Business Overdraft

OK - So today I have just received all of the paperwork for the court. As has my ex (delivered to my house)

Q: Do I STILL write to Natwest Solicitors....? And reply to the courts?
Q: Does my ex (who dosent pay a penny) need to fill his paperwork in as well?
Q: Would it be best if I could persuade him to come to court with me? Does he need to?

Thank you

Did you agree to shoulder this overdraft facility as part of any settlement with your ex? Has your ex any assets? Irrespective of his 'decision' to dump you with liability for the overdraft debt he stands as equally liable for the debt in law at very least. I would write to him and invite him to offer to settle his share of the debt.
Don't panic. Reply to the courts and you will have to be prepared to attend, however, go to NatWest and also if you are so sure of your plan then get the proof you need to back up your claim. Get exact quotes for the work (written). Get all your finances audited and put the lot to NatWest's Solicitors. It's no good saying 'I've got a gold mine' PROVE IT!!!!! You say you have a debt for X pounds. Builder says it will cost b pounds to renovate and go round the estate agents locally see if you can get some kind of timescale for selling the finished products.If you can show the final sum you will get is Y and thats double (say) X+b and you will get it in say 6 months to a year then I would imagine NatWest will backoff and who knows might even sub you the building work as lets face it they will be making money on it. So.. Get a plan........

[sharonma12]

Re: House repossession from a Bank charge over the house from a Business Overdraft

Don't Panic. The best words I could hear right now. THANK YOU.

I have every intention of making this work.

Thank you for your time, I really appreciate it.

[Streetwise]

Re: House repossession from a Bank charge over the house from a Business Overdraft

First can you tell us the solicitors acting for Natwest,Natwest never want to go to court they have other people to do there dirty work for them there called L.P.R.s,but if you have the paperwork from the Court post it up minus your personal details.
Do you have the overdraft agreement,if so check through it carefully.

[sharonma12]

Re: House repossession from a Bank charge over the house from a Business Overdraft

First can you tell us the solicitors acting for Natwest,Natwest never want to go to court they have other people to do there dirty work for them there called L.P.R.s,but if you have the paperwork from the Court post it up minus your personal details.
Do you have the overdraft agreement,if so check through it carefully.

Solicitors are 'Shakespeares.

With regards to me posting up the paperwork......I am guessing the N5 form is pretty standard? I can reply to everything you ask......(I just don't have a printer/scanner to enable me to do this right now) But I can get one!

Thank you for your time

[Streetwise]

Re: House repossession from a Bank charge over the house from a Business Overdraft

Solicitors are 'Shakespeares.

With regards to me posting up the paperwork......I am guessing the N5 form is pretty standard? I can reply to everything you ask......(I just don't have a printer/scanner to enable me to do this right now) But I can get one!

Thank you for your time

Doe's your child live with you. And are you up to date with the payments to your mortgage company.
Is this a second charge that Natwest have on the property.
Back in 2006 Natwest were notorious for not putting a legal charge on the property check with the land registry to see if the second charge is registered costs 3 pounds on line.