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

[Ratpack4]

My family were evicted from our home in 2008 and as of today our home remains empty and derelict while we are homeless. This situation came about because Northern Rock failed to exercise due diligence when grnating the loan in 2003 and only registered security on one title of the total property representing the dwelling. We have three titles covering the property so as it stands we have onwership on the surrounding land which means the cottage is landlocked and considered worthless in as much as NRAM are unable to operate the normal sales procedure for repossessed properties. The bank did in fact make two applications for possession in 2008 but failed to attend court and execute either application electing to rely upon a third party to evict us for a independent debt which took place but the third party discovered they couldn't sell it either so eventually in May last year the state owned Northern Rock (NRAM) took peaceable possession of the vacant property.

My question is can I make an application to the court to request the court dismiss NRAM's claim citing they have denied themselves the opportunity of exercising their power of sale due to their own neglect in failing to ensure they had security over all three titles relating to the property in total.

In addition can I use Article 8 of the Human Rights Act which provides that the state owned bank should respect our right for an established family life and our right for respect for our home.

This is a unique and complicated legal situation but for further detailed documented information please revert to my website www.the-repossessed.com To date I have formally notified NRAM that in order for their agents or servants to attend Grove Mill Cottage necessitates them trespassing over our land. I would be extremely grateful if anybody can help with case law etc.

Regards

[IanM]

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

Why were Northern Rock repossessing the property?

[Ratpack4]

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

ANSWER: Arrears of £30k in 2008. The arrears have since accumulated to approx £97k over the period of nearly 5 years since the property was vacated by eviction under a court order by a third party debt in August 2008 because NRAM were unable to dispose of the property in the normal way open to a bank due to it being landlocked. The third party were also unable to sell it on behalf of NRAM who then elected to take peaceable possession in May last year overriding the original third party court order for possession.

[Ratpack4]

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

Mortgage arrears of £30k in 2008.Arrears have now accumulated over the period of nearly 5yrs the cottage has been vacant due to NR inability to sell the landlocked mortgaged property to approximately £97K and they now cite these arrears for taking Peaceable Possession in 2012.

[Celestine]

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

Interesting.....
so the Cottage is effectively worthless to everyone except you?

Surely a deal can be struck? Where are you living now and what are your circumstances?

[Ratpack4]

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

Hello St Bernard, thank you for your interest. The answer is yes, the cottage is worthless to everyone except us. I made NRAM and offer in 2010 of £325k which they rejected in favour of waiting for the third party to sell the property which never happened. We have been negotiating ever since and at one point solicitors acting for NRAM requested I sign both titles for the adjoining land over to them and of course I declined in favour of coming to a negotiated agreement but they then uttered even more threats to take me to court which I energetically exploited but thus far they have done nothing which is why I believe it's up to me to get them back in court to explain their predicament to a judge.

My wife and I are in temporary subsidised furnished accommodation, our home being unofficially cleared by the third party which I reported to the police and have a crime number. Videos of our home exterior and interior can be seen on our website www.the-repossessed.com Recently I asked my MP for help, he wrote to NRAM asking for a negotiated conclusion but so far we have heard nothing. It should be remembered that NRAM is a state owned bank that has inherited all the mistakes of the former bank Northern Rock and so it would seem they are reluctant to expose themselves to bad publicity. Hope that helps but I am available if required and would point out that all the facts of this matter are documented and in the public domain.

[wales01man]

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

just glanced at tis guys website cant decide to feel for him or not?
any other views from members?

[Ratpack4]

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

It's not your pity we need it's legal knowledge apertaining our situation in law but thank you anyway for your interest.

[wales01man]

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

I nwas not pitying you if its legal knowledge youll get some good advice on here but i would ask if you have had legal advice from solicitors in the past ,i to have been repossed so i know something of what goes on i firmly believe that NRAM are like other lenders they do not give a toss about the borrower they will fght to the end as the odds seem to be in their favour

[IanM]

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

There are many issues surrounding the whole repossession that need to be looked at but to get to the point of your main request regarding 'Tresspassing onto your land to gain access to the property' you have the same rights as anyone else unless, in the deeds to the house, it specifically declares right of way across the land it is built on they have no rights to be on your land, they do have the right to actually be within the house but would be trespassing if they cross your land without permission to get to it. If you own the land around the whole house then put up a fence around your land with signs saying do not trespass.

[IanM]

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

You said you made an offer of £325k to NRAM to buy the house back but they refused, Why? How much is the house worth? How much do you owe NRAM? Have they received any offers from anyone else for more than £325k at any time?

[Ratpack4]

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

Sorry if I misunderstood you. I have been diagnosed with PTSD and sometimes I live on my nerves. I've been told this situation is quite different from the norm from the solicitors I was using who were excellent but unfortunately I can't afford to use them anymore. But to give you some background, long story short with regards to the original eviction I discovered a peadophile in my extended family and attacked him. He got legal aid, took me to court and won plus damages and obtained a court order for the sale of our home to pay off the balance of his legal costs. That was the basis of the first eviction. NRAM have never applied forpossession or evicted me, they simply took peaceable possession of a vacant property. It's all on my website.

Didn't mean to upset you, just desperate for help.

[wales01man]

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

You cant afford legal advice which may be the only way to resolve this but you can offer 2325k for the property which was refused to get help from some on here you need to provide the full facts one being how much is the property worth? and how much is owed under court orders.after reading so many posts on here i can assure you that someone will help but the answers may need verifying by a qualified legal proffessional.

[salsmoss]

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

So NRAM are squatters then

[Ratpack4]

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

Thanks Ian for your suggestions. Fencing off the land could prove impractical because we have a public footpath running down our driveway leading to avillage community field adjacent to our plot but there is a no trespassing sign leading to the cottage. In any case regretfully I can't afford the fencing at this time, having a paedophile in the family as reported in the local press destroyed our business because we work with kids. While I appreciate your approach Ian to my problem the overriding factor of the matter is we want to go back home but last May NRAM security boarded the cottage to prevent access.

NRAM refused the offer of settlement in the first instance because I was unwilling to confirm the source of funding save that payment was to be made through our solicitors. The same solicitor wrote to NRAM pointing out given the house was landlocked it was worthless. However we understand the whole plot embracing all three titles is worth something in the region of £450k