Help Needed With Bryan Carter & Co

[WendyB]

Re: Help Needed With Bryan Carter & Co

I think we need Scooby on the case with this one. As its a second charge I wouldn't have thought they could repossess without the consent of the first charger, but I am not an expert.

Do you need to do an AOS? If so, by when?

Sorry thats my lot for now, the boss is in and I have to be very careful.

[silverdel]

Re: Help Needed With Bryan Carter & Co

AOS ??

[WendyB]

Re: Help Needed With Bryan Carter & Co

Acknowledgement of Service (of the court papers)

[silverdel]

Re: Help Needed With Bryan Carter & Co

Re The re possesion proceedings that Firstplus have instigated I am still trying to get in contact with Eversheds,Firstplus when contacted by telephone just redirect me to Eversheds, and Eversheds "cannot take your call at the moment please leave your details" I am stuck, no idea on what my next course of action should be.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Well look at what you have.
You have a clear dispute ongoing on this issue which Eversheds have even acknowledged.
This puts the whole cause of action into doubt as the value of the claim is incorrect.
You also have evidence of "incorrect" accounting practices with regards the "arrears".

All in all you have a very strong case.

As wendy has said the First charge needs to be aware of this action as well, as without their consent possession cannot go ahead.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Morning Ben, Thanks for the above, I have tried to contact the CAB today regarding this problem, still not had any reply to the telephone call made to Eversheds yesterday morning (0820) or the two e-mails I have sent to them, its so damn frustrating.

Had a letter from LINK FINANCIAL have just sent e-mail to them in reply informing them that i have raised complaint with the OFT under the CCA S78(6)

[WendyB]

Re: Help Needed With Bryan Carter & Co

Silverdel, what have Link Financial got to do with this? If its a different thing, then best to keep it separate for now, the most important thing at the moment is the repossession proceedings so they must take precedence. You need to get really organised with this, and know exactly what's what and where you stand on it.

So......

Do you have to do an Acknowledgement of Service? If so, when by?
Who holds the First Charge on your home?
Do they know about the repossession proceedings by the 2nd charge?
Remind us of the date of the hearing. Then we can get you a timescale of what you need to do, in what order etc.
Is there already a suspended possession order on your home?

I am not 100% definite on this, but I think that there would be more chance of suspended posession order first, rather than straight posession. You will have to attend the hearing, if Evershed's etc don't withdraw first. If they don't reply to your correspondence in the meantime, this will just give you more points to present to the Judge about their total unreasonableness and more chance of him not granting the reposession.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Firstly, I do not have an acknowledgement of service, my mortgage is with the Principality, I have not informed the Principality do not know ik FP has or not, date of hearing 24/08/09, and there is no suspended possession order on my home.
as far as LINK as the last post was by Curlyben, I mearly informed him of at what stage I was up to in other aspects of this original thread, I did not realise I had broken a rule,for this i apologise.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Sorry, no need to apologise, didn't mean it to come across that way. There's no rules broken or otherwise, I was just trying to sort it out in my own head.

[silverdel]

Re: Help Needed With Bryan Carter & Co

No Probs Wendy, Update Still not heard anything at all from either Evershed or Firstplus in reply to e-mails,letters or telephone messages left for either company to call me back, it seems as though they are intent on seeing this through to the end and not respond until the court date

[WendyB]

Re: Help Needed With Bryan Carter & Co

Well in that case, it just gives you a better case and more of chance in front of the judge, when he sees what a bunch of supercilious cretins they are. Dunno what CB thinks, but I think it might be worthwhile informing Principality of what's happening, but not just yet, might be good to keep it as ammunition in your armoury for later, nearer to the court date.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks Wendy, Friday Sent two letters (registered) to Eversheds and to the CEO of Firstplus, also received details of appointment with local CAB regarding the above.

[silverdel]

Re: Help Needed With Bryan Carter & Co

UPDATE: Checked my bank account today found that the cheque sent to EVERSHEDS has now been presented to my bank(20/07/09) but no letters or phone calls relating to the above, have received another "nail in the coffin" ( see Bailiff Issues) I have started anew thread to keep things seperate, as always any help or advice is more than welcome.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Can anyone give me some guidance on how to complete a N224 form regarding repossession proceedings please?

[Amy]

Re: Help Needed With Bryan Carter & Co

I am so confused to be perfectly honest. Your bailiff thread here Bailiff Letter Received - Legal Beagles from what I can gather starts on this thread but not until page 9 at post #213.

Is this correct?

Do you need to complete an N244 for that thread or this thread?