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

[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. The paedo's solicitor told us he has had offers but upon discovering the facts from the LRO nobody was prepared to proceed to completion and pulled out.

[Ratpack4]

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

We understand the whole plot embracing all three titles is worth approx £450k.

The last demand by the paedophile's (deceased) solicitor under the court order they hold was his top up fees plus interest amounting to £47k. But there's nopoint paying him off because NRAM have jumped over his court order by taking possession.

NRAM do not have any court orders for debt but they inform us as of 2nd April 2013 we owe mortgage arrears of £113,227.93 with a mortgage balance of £499,079.82.

Our solicitor, Mr Tysh of Berry & Berry, has been representing us under the 'help in court' scheme but can't take the bank on under the same scheme. None the less I'm sure he would be willing to verify the facts if asked.

[Ratpack4]

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

Hello Salsmoss, thank you for your interest. In reply to your question I suppose they could be described as squatting but I don't suppose the court will see it that way.

[salsmoss]

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

Well get back into your property, you have no possesion order and only a peacful entry, so peacfully enter back in as you have have offered them payment and they have refused then im sure the judge will take an interest in that

[Ratpack4]

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

Would I not then be squatting which is now a criminal offence ?

[salsmoss]

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

Look, have you offered £325k to whomever?

[IanM]

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

We understand the whole plot embracing all three titles is worth approx £450k.

The last demand by the paedophile's (deceased) solicitor under the court order they hold was his top up fees plus interest amounting to £47k. But there's nopoint paying him off because NRAM have jumped over his court order by taking possession.

NRAM do not have any court orders for debt but they inform us as of 2nd April 2013 we owe mortgage arrears of £113,227.93 with a mortgage balance of £499,079.82.

Our solicitor, Mr Tysh of Berry & Berry, has been representing us under the 'help in court' scheme but can't take the bank on under the same scheme. None the less I'm sure he would be willing to verify the facts if asked.

Are you in a position to maintain the current mortgage with NRAM if you were able to retake possession of your house? In light of the basic facts you have given then it would be common sense to negotiate with NRAM to clear the arrears (using part of the £325k you had to offer to buy) and continue paying the existing mortgage until you are in a position to re-mortgage somewhere else or to sell the house as a complete package with the land. If the house is empty and derelict due to the failure of NRAM to sell it then I would be getting a new valuation done and use it to negotiate down the arrears to cover the costs of bringing it back to its original state at the time NRAM took possession. However you do things, the solicitor will still have to be paid to remove the order they have against the property but I would contact the SRA for their help in a) justifying the charges made by the solicitor, b) negotiating a compromise with the solicitor to get the charge removed.

[salsmoss]

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

I think its a game of chess and its your move mr armstrong, but what move you must make must be check mate

[IanM]

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

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

Another thing you may want to consider is, "Do NRAM have a legal right to be in possession of your house if they do not have a valid court order for possession as the 1st charge holders?,,,, If they failed to attend court and obtain a Possession Order and then an Eviction Order they may have to let you take back possession of the house and then start the whole repossession application again to make it legal, at least this would give you the opportunity to explain the whole situation to a judge and maybe have the arrears capitalised. The solicitor will only have had the right to secure a charge against your house and later the option of asking a court to make you sell the house to clear the debt to the solicitor, but in any case the 1st charge holders, NRAM, would have the initial right to repossess and sell the house. NRAM would have sold it for enough to cover what you owe them and the solicitor may have had to whistle for his money if there was none left after NRAM cleared your debt to them. Do a SAR on NRAM and see if they had a contract of any kind with the firm of solicitors when they handed them the house to sell.

[salsmoss]

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

Exactly, or before considering offering them £325k just pay your arrears off of £92k and keep paying your mortgage, now you can re enter your home and take possession again

[Ratpack4]

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

Yes £325k was offered in settlement to NRAM in writing which they rejected in preference to waiting for the paedophiles solicitors, Kingfords of Ashford in Kent to sell the property under the court order they held on behalf of their client. We have this in writing from NRAM which we also gave to the Financial Ombodsman Service as part of our evidence of complaint against NRAM which didn't get us anywhere. We have everything relating to this matter documented and recorded.

[IanM]

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

Yes £325k was offered in settlement to NRAM in writing which they rejected in preference to waiting for the paedophiles solicitors, Kingfords of Ashford in Kent to sell the property under the court order they held on behalf of their client. We have this in writing from NRAM which we also gave to the Financial Ombodsman Service as part of our evidence of complaint against NRAM which didn't get us anywhere. We have everything relating to this matter documented and recorded.

When NRAM allowed the solicitor the right to sell the house they must have told them exactly how much they would accept from them, was this amount more or less than the offer of £325k? I still don't understand how a 2nd charge holder has managed to get you evicted when really they can only force you to put the house up for sale, they cannot dictate how much you have to accept for the house, especially if it doesn't cover the amounts owed under the 1st and 2nd charges. They have no right of possession over a 1st charge holder so look deeper into the situation and don't believe that they have done everything by the book. If you own the land around the house then why hasn't the solicitor attempted to secure his charge against the land instead of the house?, especially since they must know by now that the house is worthless without the land! Have you checked with the land registry to see what charges are actually registered against the house? Also look into whether the solicitor has a conflict of interest by acting for the mortgage company to sell a house that the mortgage company have no legal possession of in the first place. Has the solicitor done business with NRAM in the past? Have you asked NRAM why they have passed the house to the solicitor to sell and asked how much they have instructed the solicitor to pay them when the house is sold?

[Ratpack4]

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

The offer to loan us the £325 to settle NRAM has long ago gone and unavaiable. The alledged arrears claimed by NRAM have accrued since August 2008 because they were unable to sell a landlocked worthless property brought about by the bank Northern Rock failure to exercise due dilligence when granting the loan in 2003 to ensure they held security over the entire property only registering their charge over the one title for the dwelling and not the other two titles covering the surrounding land which we offered but their solicitors Tucker Turner & Co rejected the offer in writing. A copy of said letter is available and can be seen on our website.We dont think we can be held liable for these arrears manufactured by the errors of Northern Rock inherited by the state owned NRAM

[Ratpack4]

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.

After four years it was discovered that Kingsfords were unable to sell the property because it was landlocked and they didn't have a charge on the land NRAM decided to take peaceable possession which our solicitor Mr Tysh of Berry & Berry pointed out was illegal because they could not supercede the high court judgement order held by Kingsfords. You are correct we believe they are not acting by the book and are simply sitting on their hands hoping we will go away as are Kingsfords but it is my family who are homeless. In addition the property has deteriorated and we understand it would cost in excess of £100k to become habitable. It is in this knowledge that I believe I should take NRAM to court to have a judge make a decision as to a reasonable solution. So my question is as set out in my original post.

[PlanB]

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.