Armstrong family from kent / www.the-repossessed.com

[IanM]

Re: Armstrong family from kent / www.the-repossessed.com

Why go to the expense of trying to take NRAM to court? If you believe you are able to afford to restart paying the mortgage then take back possession of the house and change the locks. NRAM will then have to take you to court to have you evicted but first they will have to apply for a possession order which will open the door for you to present your case to the judge. If you can maintain the mortgage and have the arrears capitalised then the judge may not grant them the possession order they need to legally take possession of your house.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Sorry forgot to tell you when the paedo's solicitor, Kingfords realised his humungous error in failing to get a charge on the land he did go back to court with an application to put a charge on the land but the Judge found it was his own negligence that created his problem and we could not be held responsible and dismissed his application. So I believe a court would arrive at the same conclusion with NRAM which would account for their reluctance to take me to court twice in the past for possession and under these curret circumstances.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Due to the secuity shutters affixed to the property I cannot gain access to the property and I dont think we are liable for the arrears accumulated in the period between being evicted in 2008 and now brought about by the bank depriving themselves of the ability to dispose of a mortgaged property in the reconised fashion after repossession which is why I need a court judgement after considering the facts. I just need to find out the terms to make an application as requested in my original post if anybody can help me please.

[IanM]

Re: Armstrong family from kent / www.the-repossessed.com

What are you waiting for? Move back in and put the ball back in their court! As for Kingsfords, I would speak to the SRA about the outstanding bill and how this can be settled amicably without you having to lose your home. POINT OUT to them that a judge has already ruled that the solicitor acted negligently in securing his own charge on the house, and not the land, and you have suspicions that he may have acted negligently or fraudulently in attempting to sell the property on behalf of the mortgage company when they never had legal possession from the start! If the solicitor has received offers at any time that would have redeemed the mortgage with NRAM but not covered his outstanding bill then the outstanding arrears will be the responsibility of the solicitor and by rights he should have to pay them. Bear in mind you have already said there were offers but withdrawn when finding the house was landlocked, check the date of the first offer he received and work out how much interest was added after the offer was withdrawn and put in a counter claim against him for this amount. Go through all your paperwork and double check his original application for the eviction etc., if he didn't have a possession order then he should not have been allowed an eviction order.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

You are correct and we are aware of the normal procedure but this situation isnt normal as our solicitor has confirmed. He says he has never seen anything like it before which is why we need a court to sort it out but we cant afford legal reresentation so I'm here looking for advice on how to set out my case on an application to the courts to bring NRAM to book.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Yes you are correct Plan B We are aware of the normal proceedure bu nobody wants to buy this landlocked property. Afact Kingfods missed as did NRAM

[IanM]

Re: Armstrong family from kent / www.the-repossessed.com

Due to the secuity shutters affixed to the property I cannot gain access to the property and I dont think we are liable for the arrears accumulated in the period between being evicted in 2008 and now brought about by the bank depriving themselves of the ability to dispose of a mortgaged property in the reconised fashion after repossession which is why I need a court judgement after considering the facts. I just need to find out the terms to make an application as requested in my original post if anybody can help me please.

If NRAM didn't have a possession order then they had no right to put security shutters up in the first place and you should ask them to remove them within a set time or you will remove them yourself upon taking back possession of the house. Like I said, getting them into a court won't cost you anything other than your time in attending a possession order hearing instigated by NRAM themselves. If they didn't have a possession order the judge will not be too happy with them and has several options available to him so make sure you request anything you feel you may be entitled to, i'e. arrears capitalised, or wiped, or substantially reduced, compensation for the duress caused by NRAM failing to act with due diligence, etc, etc.

[IanM]

Re: Armstrong family from kent / www.the-repossessed.com

I haven't read this in detail so may have missed something.

I presume the Order for Sale was a result of not satisfying an existing County Court Judgment obtained by the solicitors for costs which was 'secured' by a Charging Order.

With an Order for Sale by a court the property has to be sold and anyone who has a charge registered against the property would get paid from the proceeds and the first charge holder gets the first helping (NRAM?) even if it doesn't relate to any debt connected with the OfS. There's not always enough to go round for the second or third charges but everything is dealt with in date order from when the charge was registered at Land Registry. The other charge holders don't have to seek possession through the courts do they? Just like a normal repossession by a mortgage lender whereby any other lender with a second charge (secured loan) gets paid from the balance. You need to check this out payment hierarchy.

You are correct! Even if the solicitor obtained an order for sale, as far as I know, as the 2nd charge holder they didn't have the right to obtain a possession order or an eviction order, this should have been done by NRAM but as they failed to attend court twice no order was issued to them so they should not have been able to instruct Kingsfords to sell the house, only the actual owner can put the house up for sale, whether forced to by a court or by choice. As long as the house was then advertised for sale then there would have been no need for a possession or eviction order unless the solicitor went back to court and could prove that a suitable offer had been received and refused to delay the payment of the solicitors bill. The 2nd charge would have stood and had to have been paid for when the house was eventually sold so the solicitor may have been acting maliciously or vindictively in evicting you, which is why they need reporting to the SRA.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

You are beginning to grasp the situation. NRAM deny they instructed Kingsfords and Kingsfords deny being instructed by NRAM albeit we have aletter from NRAM informing us they had instructed Kingsfords. I believe I am seen by both Kingsfords and NRAM as the proverbial pain and in the case of Mr Harper, solicitor at Kingsfords, it has definitely proven to be personal because he was caught out as being negligent and now his actions are vindictive. I have tried to report Kingsfords but nobody's interested. I cannot dwell on revenge but must focus on getting NRAM into court. Coincidentally it has been said in court on more than one occasion that there is insufficient funds left in the property for Kingsfords after NRAM are settled so Kingsfords continuing this action is pointless.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Our solicitor Mr Tysh wrote to NRAM's solicitor Ward Hadaway on the 18th July 2012 pointing out by taking peaceable possession they had overlooked the distinction between judgements in rem and in personam. He went on to say order for possession and sale of property are orders in rem and therefore conclusive against the whole world in reality that part of the world within the court's jurisdiction, which includes NRAM. He concluded by saying in his letter 'therefore it follows that your client's action in taking possession of the property was pointless.' Never the less as we understand it they do not need to make an application to take possession if the property is vacant but I agree with you not having a possession order the judge may not be too happy with them which is why I believe my best course of action is to take NRAM to court. You are also correct my application should contain a request for compensation for duress caused by NRAM and the cost of reinstating our home.

[wales01man]

Re: Armstrong family from kent / www.the-repossessed.com

Can i suggest you take them to court im sure once you get the neccessary forms someone Shelter maybe can help with the process

[PlanB]

Re: Armstrong family from kent / www.the-repossessed.com

Bottom line? You need a lawyer to help you with this not input from an internet website. The bar pro bono unit may be able to help if you can get a referral to them http://www.barprobono.org.uk/

We can all kick around the issues (some of which seem emotional not legal) but only a lawyer can help you take this forward :nerd:

[PlanB]

Re: Armstrong family from kent / www.the-repossessed.com

Our solicitor Berry & Berry complained that the paedo's solicitors Kingsfords had a conflict of interest by working for both parties. Then both NRAM and Kingsfords denied association but NRAM insisted they would rely upon the sale of the property by Kingsfords.

My advice for what it's worth is if you do decide to instigate legal proceedings you should refer to the Defendant as the "Defendant" and not the "peadophile" because that could suggest irrelevant prejudice which could be seen as vexatious.

[salsmoss]

Re: Armstrong family from kent / www.the-repossessed.com

Mr Armstrong, I also believe you have enough evidence and truth to form a lien against them and by doing this i also believe you will have remedy

[wales01man]

Re: Armstrong family from kent / www.the-repossessed.com

I really am beginning to not understand all of this?
the OP says they offered 325k to NRAM to buy the house presuming this was cash as i cant see how they can get a mortgage whilst owing NRAM hundreds of thousands the thread keeps coming back to the court case of the p the OP lost this and has to pay thats why a charge or whatever was placed on the property?
I still ask where was the 325k coming from and i get the feeling that unless this goes to a court a solution will never be found and why were they so unlucky in their choice of legal representation.
Finally would a SAR to NRAM through some light on the actions taken by themif solicitors were engaged the charges would be added to the OPs debt and this would show .is there an up to date SAR?