Yep Bazza - 4 years. Yes they did respond within a suitable period. They gave some reasons as to why they didn't feel I had a claim against them. But I did and I do. There are reasons why I pressed pause. The property (long lease) was repossessed. Within 2 months my broker friend advised that the broker firm appeared to have breached FCA regs and I should write to them to check for sure. Which I did. And they admitted their mistakes. At this point I could have taken the issue further. However, I was advised to wait until the property had been sold so I could quantify my loss to the broker firm. The mortgagee-in-possession obviously had a duty to sell as quick as possible. But they didn't and still haven't 4y later. Hence how I still can't quantify my loss. it's been one huge legal wrangle for all this time. Which goes some way to explain all my various threads! It's actually been incredibly hard to keep focused, calm and clear-headed on the best courses of action - because there have been so so many twists and turns. The lender has acted appallingly. They still are. They had opportunities to sell or accept payment in f&f for my debt within weeks of repo. They stretched out their attempts for 1y. In that year they tried to bribe an interested party to stop bidding. They also tried to serve notice for the freehold but failed in law. Their lawyers advised them - and any potential buyer - that freeholders consent would be required for any alterations. In a bizarre act of arrogance the lender decided to not sell the property and instead send in a contractor to sledgehammer it into an empty shell. This of course was in breach of the lease and probs fiduciary duty to sell. They spent 1y renovating the property. The freeholders complained and served notices, resulting in a forfeiture claim against the leaseholder - which was/is still me - but obviously I didn't do the the works, so the freeholder legal arguments have been against the lender. (This has now been settled and some £s paid to the freeholders) The lender has continued to add interest to my loan - and the costs of works too. This is no small sum after 4y. The property was in good condition and didn't need works. Legal disclosure shows their contractor advised he could make it look fab for £30k. Instead they allege they spent 400k on full works. Yet at the same time the invoices they disclosed show they spent close to £1m! They added sound surround, cctv, AC, fancy 12k chandeliers, tv's, furniture, etc etc. Turns out that the lender chief exec refurbished to his own spec!. I'm still not sure what his game is but I've seen he made a low offer to buy the property through an associated Ltd Co. (Yes I have all the emails) Within the first year they tried to make me Bankrupt. They claimed they couldn't sell the property due to restrictive clauses in the lease - whilst they were simultaneously breaching the lease. I appointed a lawyer (paid for by a friend) and avoided B. They had failed to serve me properly and importantly they had breached Insolvency Act as they failed to disclose the £ sum they were demanding was secured against the property. They then tried to pursue me via the original possession claim for a fixed sum. This is where legally things got/ get more complicated. My lawyer got this adjourned. But he never read any of the papers. Not once in 1y. If he had done so, he would have seen a crucial issue that, on point of law, he should have been able to stop the claim (and do a deal). Yes - I do now have a potential negligence claim looming against my (now ex) lawyer! This claim has not been discontinued/ stopped - it's just sitting inactive. Meanwhile, with that claim adjourned, the lender then served a new claim in a different location court (for the same issues). This time they added in all the costs of works, 4y of interest and all their legal costs and those incurred in fighting the freeholders too. They had more than doubled my loan.. I got some pro-bono help - who pointed out my ex lawyer's negligence. I successfully argued in court the point of law my ex lawyer had missed in the other claim. The Judge agreed and wiped out many years of interest. And excluded the costs of works and all legals - apart from costs of that hearing (which I'm currently appealing in the court of appeal). I have a counterclaim against the lender for all sorts of reasons to try reduce/ wipe out their charges - including unlawful assignment. This claim is on-going but has been adjourned for several months. The lender is arguing they should be allowed to add costs of works and legals to my loan (debt). After 4y the lender has finally put the property back on the market. But at an inflated sale price. Its a difficult market so I'm not sure why? There's a strong chance it still won't have sold within 6-12 months. (They can still only sell the lease). My loss is still not quantified - but I am now thinking that maybe this doesn't matter? That maybe I should go back to the broker firm with my complaints - and ask for full restitution and return of the property? Yes I've delayed 4y but the above is why…. I haven't wanted to divulge any of the above because it's been so complicated, over-whelming and exhausting. I may have appeared to be hiding behind smoke and mirrors for years - but it is such a particularly distinctive case that I felt I should be discreet. But this last w/e I looked at it with fresh eyes. And realised I wouldn't be in all this mess if the broker had acted properly. Hence, why I'm now elaborating and asking if I should re-open my claim. The sums though are huge - way above the ombudsman limit.

Friend broker brought it to my attention 4y ago. Within 6 years of stat lim. To copy what I wrote 4y ago: "They did no fact find; have no Suitability letter; they did not fill out an income and affordability form, they filled in the application form on behalf of the borrower just emailed the signature page for borrower to sign - so borrower had no sight of what the application form contained; the broker did the same for the Terms - just sent the signature page for borrower to sign. The broker did all this on an "Advised" basis. If this constitutes irresponsible lending - then yes. (I need to dig out all papers from 4y ago and refresh my mind.)

Thanks for re-opening thread. To re-cap: back in spring 2019 a friend broker took a look at my loan papers and advised me that the broker who had organised a loan for me had not acted correctly. Until this happened I had no idea that there could be anything wrong. He advised me to write and ask the broker firm specific questions. I did. They replied and admitted they had not done x, y and z. They wrote a lengthy explanation as to the steps they had taken - but the fact remained that they had still breached FCA regs. The friend broker suggested making a claim for full restitution - to ask for them to put me back into the position I would have been if I hadn't taken the loan they mis-sold. (I had asked for a btl loan which absolutely should have been viable as I had a tenant in situ at the time). In 2019 I kind of assessed that to ask for full restitution I needed to be able to quantify a loss?? And in 2019 I was trying to rectify my loss. I put everything on hold. But - I am still trying to quantify my loss 4 years later. Put simply I have had a huge battle with the lender - still unresolved - which has made me think I could not issue any kind of claim against the broker. But just this week my friend broker asked me how I got on with my claim against the broker firm. The question I need to ask before I even consider making a claim now is: does the clock start ticking from the day I found out they had breached FCA regs OR from the date they organised the loan?

Thanks for re-opening this thread. Unfortunately, whilst I did resolve issues for my friend in 2019, the same situation (and worse) has arisen in 2023. Just to recap: OAP friend owns property in the UK which he doesn't rent out: an apartment in London and a tiny cottage in the countryside. The cottage is unencumbered. The London apartment is unmodernised but still is worth >£1m-£1.5m. It is on an apx 80y lease, has annual service charges for internal and external maintenance of between £4-£7k, and an outstanding mortgage of £180k. Historically he has had problems affording the service charges. He also disputes the amount payable due to incorrect % apportionment - as in, he is paying more for his share of the s/c than a larger apartment in the block. Whenever he makes a payment he 'pays under protest' - so that these payments can be included in any future arguments/ claims v the freeholders. He has no income in the UK or abroad. However, 3 years ago, on his behalf, I liaised with dwp and managed to organise a state pension back-dated lump sum and monthly payments (including late wife's pension too). My original thread above was due to the freeholders issuing a s146 claim for forfeiture due to non-payment of the s/c. 4 years ago, thanks to this thread, the mortgage company cleared the s/c arrears, added the sum to his mortgage, and the proceedings were vacated. On a later date the bank stepped in and paid his s/c arrears again. Since then I used his pension funds to make some s/c payments and paid his monthly mortgage (It was under £100/month) until he told me to stop. The problem now is: the mortgage term ended in mid-2021. And he didn't have the funds to clear the outstanding sum. So now he finds himself with no valid mortgage and a) again owing s/c arrears to the freeholders and another s146 has been issued for forfeiture and b) the bank has just issued a claim for possession He urgently needs to legally respond - but he remains overseas. For clarity, he did try to communicate with the bank several times but they refused to communicate by email and wanted him to go into a branch - which has been impossible due to being overseas. Given the seriousness of the situation he should have tried harder, but he has had his head in the sand, is more frail and just can't cope with the stress. As always, I am helping him. A few years ago I realised he would potentially be in this situation - so I looked at ways to raise the required funds. Which I have implemented. The bank said they would be amenable up to 18 months after the term expiry - March 2023. That should have been enough time - but Covid delayed the plans. Friend did not communicate with the bank to ask for a bit more time - despite my weekly pleadings. Behind-the-scenes I have (for free) been working on realising the value in land attached to his cottage. In essence, the land is big enough to build another cottage. Selling the land with planning permission for a cottage should raise enough £s to fully redeem the mortgage on the London flat and - in an ideal world - provide him with enough £s (+ pension funds) to cover annual s/c bills going forward. The delay is because, after 1 year, the first architect got sick and abandoned the project - eek. I found a new architect and have since beavered away having the land cleared, obtaining essential surveys, reports, and pre-planning consultant advice. We are now ready to submit planning application to council... With luck permission will be granted by end May and the land can then be sold. (Worst case scenario the cottage could be sold but that's not the required redemption plan) Meanwhile - friend must deal with the bank's claim and the freeholder's claim. Which is where I want some advice on here - if possible? I am panicking on his behalf. Given what I have just described, do you think it is possible that I could call the bank and freeholder's sols and ask them to 'pause' proceedings for say 6 months? I understand I may have to get friend's written authority to speak to them both. Any input will be welcomed

Thanks Dx

An update: I recently got a letter advising that Hoist was acquired by Lowells in Oct 2022. Lowells advise hsbc legally assigned my former agreement first to hoist finance then to lowell portfolio and now to lowell financial. Lowell financial write they are now managing my account. By 'my account' they refer to my old unsecured overdraft of apx £20k from 2005, towards which I used to pay a nominal amount per month, but stopped paying end 2018. I never made any payments to Hoist. There was another company before Hoist - to which Lowell do not refer - called CL finance. I paid them until I stopped in 2018. Just wondering what I should do now? Anything? Or ignore?

Little update I amended my original appeal form - n161 - which was the correct form, to include a section asking for time extension. And created a small bundle including my grounds for appeal and evidence, copied 3 times. I then went to the RCJ, Appeal court in person with the copies. Theres a fee office there. It was empty so got seen immediately but normally one has to book an appointment. I had applied online for a fee waiver. You get given a code to put on the form. The fee office processed the waiver and produced a certificate. Then gave an envelope so the 3 copies and certificate could be dropped in the entrance drop-box. As a litigant in person the court provides a case manager. I don't yet know what that really means, but I understand one can call and ask advice with the process. It takes apx 2-3w for them to process and seal the paperwork. Next step will be to serve that on the otherside within 1w. I'm not sure what else I need to do or send the otherside. Guess this is now when it starts to get scary.

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png Routes of appeal (Form 201) - GOV.UK WWW.GOV.UK Find out which court or tribunal to appeal to, based on the type of case and the court where the decision you’re appealing was made.

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png How to appeal to the Court of Appeal (Form 202) - GOV.UK WWW.GOV.UK Find out how to get permission from a judge to appeal and the time limits for appeals.

I am going through the pro-bono process for barristers with Advocate. They haven't yet hooked me up with one. And I think they're off until next week. The 161 form is for civil cases. (I don't think just family?). I think it may be the right form ) not sure though) but I've used it in the wrong place and at the wrong time?

Thanks BazzaS Everything I have done for the last few years and am doing now is beyond my comfort zone. But I haven't yet let that make me give up or stop! I don't want to appeal the outcome of what the high court judge said (which was to my advantage) - just the costs. The claimant lost their claim yet the judge still awarded costs against me. I want to appeal that. Or - if appeal isn't allowed - to ask for costs payable at end (costs in cause). The otherside, yes, are very well funded. I do get fee waivers (for forms). Yes the otherside has said they will contest if I appeal. It's a silly situation. They and the judge know I can't pay the costs awarded against me now. The judge's ruling created a situation whereby I should be able to pay within say 6 months (the costs element is a tiny fraction of what I could end up with at the end of litigation). But the claimant is so angry with that ruling that I am pretty sure they will try to enforce payment/ make me bankrupt to stop me continuing with the litigation. After the ruling I sent in a form almost immediately to the same court. But I just got an email (3w later) saying I need to send the form to the court of appeal cos it was a high Court judge's decision. I don't really understand that. Is there a Court of appeal in the same local (high) court - or only one in central London? Ive been reading cpr52. I find it confusing though. I'm unsure if I need to ask permission to appeal? Or if I can just submit my appeal - on whatever is the correct form in the correct place....??

Does anyone have any expertise with the court of appeal? I submitted a form - which I thought was the correct process - but I have had a belated response saying that I need to re-submit to the court of appeal as it was high court. Am a bit unsure on if this means the same form (n161) or a new form and new process And how does one submit to the court of appeal? Is it one place? or are there courts of appeals in every court? I am also concerned about timing now - as more than 1 month has now passed since the hearing. Is that a problem?

I know. That's why I'm appealing. The C lost Im filling out a 161 form

I've been searching online for guidance Is it a 161 form? Any advice on how to fill in? Do I need permission? Case was/is in High Court. I only want to appeal the order for costs - not the ruling. On the basis that C lost - they did not get summary judgment.

I made a big mistake. No summary judgment against me. The other side totally lost. I just didn't really understand what happened. Order was explained to me today by a pro-bono lawyer. Now I need to appeal the costs awarded against me. Does anyone know what form I need to use?? (Civil)

I'm not sure. I borrowed £s charged against a property, didn't repay. A consent order changed the terms. But still need to repay £s by selling the property. The otherside are refusing to sell it. Until the litigation they caused - by breaching the lease - is resolved. But by resolved I mean they want it resolved on their terms not the freeholders! As in, they want the freeholders to change the clauses in the lease that they breached. And they refuse to pay any costs despite the lease dictates they do due to the breaches. We are just going round in circles. Meanwhile every day adds costs to my debt.

Yes it is confusing! The otherside raised a debt claim for large £s. But a pro-bono advisor for me read all the papers and realised an earlier claim in a different court had precedence. The judge agreed. He ruled the original loan t&cs had ended due to a consent order between the parties being agreed. One contract ended, new one started. When I later defaulted on the co - just statutory interest should be applied from then. Judge gave 28 days to amend defence / counterclaim on basis I'm now defending a different contract and different £s.

Ok I suspect they will immediately take further action. What will be their options? I have 3w to submit amended defence/ counterclaim. Could they preempt that by submitting a SD for non-payment of costs?

Yes. So how do I best deal with inability to pay now? Can I make a separate application to the court for time to pay To be clear the otherside are going to fight me aggressively.

The otherside are being difficult on purpose. The case hasn't concluded - but a) I was asked to remotely attend a very short-notice preliminary remote hearing. I had made an application for time to get legal help - the judge denied my request, awarded the costs of my application against me but reserved right to order costs pending the summary judgment hearing, which he ordered to go ahead as planned, Then b) at the summary hearing a few days later I successfully presented a legal argument which led to him giving 28 days to amend defence/ counterclaim - but he still gave summary judgment and awarded huge costs against me. His ruling was good for me. My argument led to my debt being significantly reduced. But 1st I must continue my argument and 2ndly the property must be marketed for sale so I can repay the debt. And this is where the otherside are being difficult. On costs - they drafted the order and left out the timing to pay - even though the judge knew I couldnt pay and said he wasn't granting costs on an 'unless' basis. I assume they left timing to pay deliberately. Is there a cpr rule that forces one to pay costs within x days, say 14 days? I cannot pay. Can't even contribute a tiny %. On selling: the otherside are refusing to market the property for sale - haven't done all year.

The Judge didn't specify a date, knew I can't pay. The otherside raised the draft order, as I was w/o counsel, which included costs payable but they put no date on it. The judge granted 28 days for my amended defence/counterclaim. Which I intend to do. But my ability to pay the costs order depends on selling a property. Which the otherside are refusing to do

Things changed with very short notice, the needing to be in 2 places didn't cut it with court - had to attend remotely. Judge agreed with a point of law I made. Now have a few more weeks to make amendments to my defence. But judge still gave me costs to pay in the meantime. The otherside are expecting payment. Is there a form to submit if one can't pay?

I haven't had the paperwork yet but the court advised on the phone that the hearing has been vacated and changed to 1st available remote hearing Which gives me time to assess The next question relates to property law. If there's anyone that has a head for such detail? The freeholders issued a s.146 forfeiture on the leaseholder. The lender served a counterclaim. However, the law states only a freeholder can only serve a s.146 on a leaseholder. And similarly only a leaseholder can serve the counterclaim on the freeholder. Which made the lender's counterclaim invalid. Yet the lender carried on with issuing a claim for relief using s.146 (4). I understand this to mean that anyone with an interest in the lease can raise a claim for relief. Is this correct? As this is what they have done. And what the freeholders are now defending. The questions I have are: 1. Have they by default stepped into the leaseholder's shoes, as m-in-p, to make this claim? 2. If the leaseholder decides to give up and instead make an application for B'cruptcy on the Gov website - would both legal claims stop? A) The lender debt claim against the leaseholder? and B) the lender claim for relief against the freeholders? What the leaseholder doesn't want to happen is that the B process is started and the lease sold by the OR and shortfall/ debt wiped - yet the lender continues to fight the freeholders and gets the freehold via a wasted costs court order for payment - so then they hold the cards against any new leaseholder... That would be awful!! Would the OR consider both claims related and ask the court to stop both?

Yes thank you. I could specifically relate to something their lawyer did on purpose and against court directions to create an untenable situation for me. Plus a few other things added in for good measure. I have also asked to relocate to my area. I'm no expert - but is that a reasonable request for an individual under huge pressure to be elsewhere?

One lease yes.