Help appealing eviction/poosetion by truestee

[Crazy council]

Help needed.




I have a hearing on Tuesday morning to evict me, my trustee got a position order last year and are enforcing it and I need help or direction to good advise/solicitor to assist me.]


Facts first


I owned my own house, plenty of equity and my house was not included in my bankruptcy ( never missed a payment ( Morgagee 34,000 value 100,000+ )


I was bankrupted for council tax liability order a ( falsely ) in march 2007. My only other debt was HSBC ( 4100 Never misased a payment )


My trustees PWC have just sat back let me fight it and now ( still awaiting outcomes form the police and regulators ) ,and now are charging mew 28,000 ( first they asked for 60,000 then 40,000 then last year 26,000 )


I have all the paperwork scanned into small images if anyone thinks they can assist or recoment a solicitor that may be able to.


I am after either appealing the position notice ( I have resoanbkle grounds I think )


Or appealing for more time to allow the police and cipfa complaint to be completed. ( I need th police one to finish to allow me to go back to court )


I now itsa last munuet but any suggestion may be helpful.

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

Any sugestions on appealing a possesion notice ?

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

Or Can anyone point me to the regulation for appealing a possssion notice. I need to check if i have valid reasons, i think i do.

they got the order in Dec 09-

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

Can anyone point me to the regulation for appealing a possssion notice. ?

i have untill 16th march, order was granted in 2009 ( dec ), i think i have reasonable grounds, just need pointing to the paperwork

also, is there any recomened solisitors ?

[WendyB]

Re: Help appealing eviction/poosetion by truestee

What actions have been taken so far, during the 14 months since the order was granted?

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

possesion was granted 2009 ( dec. ) they have withdraw one eviction notice, and i had to fight the other.

Like an idiot, i tried to get it overturn in high court myslef , without a solisitor. ( was dealing with other family matters )

I will write this fully up in an hour or so, any advise would be very welcome.

when the possesion order was granted, the IP had already reffused to let me pay by arraingment, saying it was unsuitable, but i only had small debts ( 8000 ) and had not missed any payments on my morgate, It seems to methat PCW ( the ips) have played me to there advantage. Thereis quite a bit more to this i will write up in a bit.
I feel like PCW played me to thereadvantage becasue when i started, there was lots of proffit tyed up in my house, my morgaee was oly £ 34,000 and before a crack appeared, my property valued at 90,000 + .

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

Some details


Bankrupted in March 2007 for 3200 council tax and 4400 HSBC ( never missed a payment )


Have been fighting the council since over the council tax accounts and correcting them. ( Ct has reduced the amount of there claim to now 2000 and we are still arguing about £ 1600. )


So, stupidly without a solicitor ( expecting the council to tell the truth ), I appealed in June 2007 to set it aside ( reason, it was in payment and had been since a year before the bankruptcy ), the council said they had no record of the payments/arraignments.


Was sent to Price copper Waterhouse Nov 07


Charges added 20k+


At the time my daughter ( am a single parent ) was 15.


In 2008, I asked PWC for a payment arraignment ( IVA or equivalent ) they said it was unsuitable . ? so no.


PWC went for possession in Dec 2009 and got it ( in 2009 we had some other family matters to deal with that ment for most of that year we were unable to put our heads into anything )


I applead to the high court and was refused the right to turn over the bankruptcy ( again, stupidly without the advise of a solicitor )


PWC have gone for possession again, I have till the 16th March. I did appeal the first one due for 18th Jan.


because I had done all my appeals myself, the judge ordered that I must ask for permssion to appeal this from her, she told me directly that this was to make sure I did it through a solisitor, and not myslef agsan, the judge was quite understanding and was looking fo r a way she could fall on my side.


.


So, the details that may be important.


My House. Owed on morgaee £ 34,000


Valuation before subsidence claim £ 100,000 pluss


Subsidence claim 2008 ( still under mesuremant by insurance agents ) claim agreed by insurance


PWC old value £ 90,000 - current 40,000 and say they will sell it at auction for that.


Was not behind on morgaee at bankruptcy and am only 2 months behind now ( have sorted it )

1. I have always agreed to sell the house
2. I feel like PWC played me till my daughter was over 16 ( allowing them to do it )

Secondery facts.
I always disputed the council tax claims ( ctax took me bankrupt ) the only other debt I had at the time was HSBC 4400 and I had never missed a payment with them . I have now accused the council of fraud by false production of documents and false accountingtthrough the police.


Secondery fact No 2


immediately after the bankruptcy, another family issue arrouse with one of my kids and between 2008-2010, all our efforts were on dealing with this. IE , when PWC got the possession order ( dec 2009 ) no normal person would have been able to deal with both things.


So. any advise


I thought maybe, I would be able to appeal the original possession order on the grounds that

1. I was willing to sell as soon as the insurance claim work is done on my house
2. I had enough assit in my house to put it on as a charge while the works done.
3. They were unreasonable not allowing me an IVA when I asked.

If I get time, am sure I can turen over the original bankruptcy, due to my research into council tax accounts at NELC,


any advice would be welcome, am not trying to avoid debts, am desperately trying to avoid loosing my house. My daughter still lives with me ands we still have to work with her to get her over what happened in 2009

[WendyB]

Re: Help appealing eviction/poosetion by truestee

So, have you now got a solicitor to deal with the appeal, as the Judge ordered?

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

Just looking now, have tried a few but none near me specialise in bankruptcy, do you know of any good ones

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

the solisitor i have gone for is
Ben Hobden from andrew jackson in hull. has anyomne used him. I was trying to find info for a solisiotr thats good with dealing with trustees, PWC . any advice on the above would be aprecheated

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

mmm, any advice on this.

further info, My trustees PWC

in 2008 i asked for a payment anrraingment,they reffusedsaid it was unsutable,

I had two false claims against my bankruptcy that i cleared up ( did people know this happens )

One was for 10,000 ( i had never heard or seen details of it, not court, jusrt a paperwork app saying this guy shook my hand and prommised to pay me 10,000 (not joking )

One wasfrom Npowr, they withdrew ittheday before the meeting with teh insolvancy serivce

These two ( 11,000 ) outstrippedmy real debt.

( 4200 Council tax ) ( later reducedto 2900 )
( 4400 Hsbc )

I have now clear up these two, ( just awaiting responce from trustee )

does anyone know the rules around trustees reffusing payments. ? or IVA

especialwhen over 50% of the debt was fake ?

[Crazy council]

Re: Help appealing eviction/poosetion by truestee

Appeal possession eviction in the morning


desperately need help here tonight.


Dealing with trustee sand beneficial interests in my property's


in 2009 my trustee said his beneficial interest in my property was 26,000 ( morgee 34,000 ) he valued it at £ 60.0000 I guess. I have a subsidence crack in my house now, insurance agreed the claim but have been watching the crack for 3 years.


At my last appeal against my eviction, the trustees solicitor valued my property at 40,000 because of the crack. I have asked my insurance co for a cash settle and they have estimated £ 7600


Does this change my trustee beneficial interests. Ie he values my property at 40,000 my morgaee is 34,000 ( leaves 6000 ), my insurance claims£ 7,600


dosnt this make my trustees interest £13,600 ? and there for I could by him out at this


If I get the insurance work done it would sell easy for 90,000 .


any advice.