Mortgage Express appoint LPA Recievers Walker Singleton to scare tenants off!

[patrickq1]

see shakespeares thread he has already written out a CPR31.16 AND just adjust to suit your need

[patrickq1]

Disclosure before proceedings start

 

31.16

 

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

 

(2) The application must be supported by evidence.

 

(3) The court may make an order under this rule only where –

(a) the respondent is likely to be a party to subsequent proceedings;

 

(b) the applicant is also likely to be a party to those proceedings;

 

© if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

 

(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;

 

(ii) assist the dispute to be resolved without proceedings; or

 

(iii) save costs.

 

 

 

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

 

(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

 

(ii) in respect of which he claims a right or duty to withhold inspection.

 

 

 

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

 

(b) specify the time and place for disclosure and inspection

[patrickq1]

ive asked for some assistance temporarely ime out of action but will keep my eye on it and help when i can

back tomorrow all being well

patrickq1

[Meerkat One]

Hi

 

If you take over and manage your properties WS try to go to court claiming tenants are in arrears and apply for eviction and repossession of property. This is where Drydens appear. Have you had any dealings with them? Clearly the tenants are not in arrears but WS try to claim they are not paying them so they must be in arrears.

[chillinlong]

Hmmm again more informative information on here, once again thank all.

 

MM is right, they have not tried to repossess but appoint LPA. It is the request of the information that we need to get on the ball with to find out as much info as possible.

 

Thanks again.

[patrickq1]

WS try to go to court claiming tenants are in arrears and apply for eviction and repossession of property.

you may be able to turn this on its head and get the court to order all data from WS and show they may possibly have been witholding payments creating a false sense of arrears...in order to gain possesion of the properties..

[marley 1]

hi just wanted to let everyone know

 

hi just wanted to let you know WS have excelled this time been round my houses today they have changed the locks on them again even tho i have a skip on the drive trying to clean up and they have put metal sheets on all the windows of the other one i tried to phone and speak to mathew bowers who is in charge of my case and he was unavailable im at the end of my tether they wont even let me clean my houses . But on the up side have found a company who specialise in dealing with these cowboys on a no win no fee basis hoping to speak to the main man tomorrow but his assistant said i have a good case and their company has a high rate of success so i will keep you updated they maybe able to help some of you . I also sent my subject request to WS with a letter asking a few questions awaiting a reply .

 

 

 

ws

[patrickq1]

good news then with the no win no fee,but ask him what would the average costs be,and can he enter his costs against them due to their negligence and breach of contracts...

they seem to think they are untouchable i hope that the solicitor you have seen will also include ME in the case as they were the one who appointed this lot and you were excluded from any say you did not sign the Power of Atorney lightly and this was not what you had envisaged...just an afterthought was the power of atorney within the main contract or was it a seperate contract ?

[patrickq1]

hi mungos mum how have you got on today did you say you were having a meeting

patrickq1

[caro]

Marley, it's important to remember that no win no fee solicitors only refer to their own fees.

 

Check with them who will pay the other sides costs if they don't win as it could be that you might have to pay them, and it could be expensive for you.

[patrickq1]

ditto caro i was thinkin along those lines,its an old trick one that should be discouraged really.especially when it comes from lawyers ,you would think this should be in their code of conduct

i think they need help writing out the cpr31.16 to start them all of caro can you help out on that

patrickq1

[chillinlong]

I approached a no win no fee solicitor, they basically said that because it is such a large and time consuming case they would not take it on because they want easy clear cut cases so that they can concentrate on making money in other words which is fair enough.

 

However they did say they will take on if I paid them a large retainer fee but only on the basis of negotiating with the LPA to take control back. Because the LPA are so well protected by the laws it would take a significant amount of time to deal with it. Therefore I am trying to deak with this in my own ways, but a class action would make the case so much stronger.

 

Good luck Marley.

[marley 1]

thank you everyone i will bear all your advice in mind . i spoke to ME who have now informed me that i have 3 houses up for sale and im to speak to WS about them even tho they wont return calls or i just get the answer service i can honestly say this whole buisness is making me feel ill .im hoping to hear somtime this afternoon from that company with something positive otherwise its another stressful weekend of sleepless nights it just not fair on my famliy , il let everyone know the outcome of this afternoon call. ME WS should be ashamed of themselves its just a 9-5 job to them this is our lifes they are dictating no one wants to lose their buisness and instead of helping they are hindering they have got to be stopped thanks again for all your advice MARLEY1

[chillinlong]

Hi Marley,

 

Personally if I was you I would rip the for sale boards down, change the locks. Advertise with a local agent to get it rented or do it yourself. Once rented they cannot sell straight away. You then have two options, send WS the rent or send MX the rent, if you send to WS they cannot dispute with the tenant no rents. Just make sure tenants dont sign another agreement by WS only yours or lettings agents.

 

Then you ask WS why are they selling, if they say cannot get any retnal income you have an answer ready. It is rented and money is coming in, so it does not make sense to sell in this market .

[patrickq1]

yes RIP THE BOARDS DOWN and see what they do then let them take you to court which should be the normal course of any actions CHANGE ALL THE LOCKS and advertise with local agents and newspapers put you own tennents in they cant evict 12 months contract hehe ,,that ll set cat mongst pigeons...

patrickq1

[patrickq1]

how to counterclaim when WS try to take it to a judge

COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS

 

Contents of this Part Title Number Purpose of this Part Rule 20.1 Scope and interpretation Rule 20.2 Application of these Rules to additional claims Rule 20.3 Defendant’s counterclaim against the claimant Rule 20.4 Counterclaim against a person other than the claimant Rule 20.5 Defendant’s additional claim for contribution or indemnity from another party Rule 20.6 Procedure for making any other additional claim Rule 20.7 Service of claim form Rule 20.8 Matters relevant to question of whether an additional claim should be separate from the claim Rule 20.9 Effect of service of an additional claim Rule 20.10 Special provisions relating to default judgment on an additional claim other than a counterclaim or a contribution or indemnity notice Rule 20.11 Procedural steps on service of an additional claim form on a non-party Rule 20.12 Case management where a defence to an additional claim is filed Rule 20.13

[chillinlong]

The amount of information is immense! Thanks again Patrick.

 

I am still gathering the WS info, thye have really stuffed it bad. Once finished I can then start the pursuing of the real serious action, hopefully will have all done by the end of the week! Then the real fun starts.

[patrickq1]

United Kingdom

May 13 2010

 

His Honour Judge Purle QC in Re Cornercare Limited [2010] EWHC 393 (CH) has clarified English law on the filing of successive notices of intention to appoint administrators. He has held that there is nothing in the relevant provisions of the Insolvency Act 1986 ("IA 1986") to prevent the filing of successive notices of intention to appoint administrators, where the original notice of intention to appoint an administrator had not been acted upon for good reason. Judge Purle gave as an example the situation where the appointment of an administrator was deferred on account of attempts being made by a white knight to rescue company concerned.

The ruling is important as the filing of a notice of intention to appoint an administrator means that a company gains the protection, for the period for which the notice of intention to appoint is effective, of a moratorium against creditor action. This can in turn facilitate the uninterrupted conduct of any negotiations for the rescue of the company as a going concern.

Judge Purle said that in his view the court had sufficient discretion to provide appropriate relief on a case by case basis where there was evidence of companies and other stakeholders abusing the process by filing successive notices of intention to appoint administrators.

Under the IA 1986 a company can enter administration either through a court order or through the appointment of an administrator out-of-court. The company, its directors and the holder of a qualifying floating charge can each appoint an administrator using the out-of-court procedure. A company or its directors intending to use the out-of-court procedure must give at least five business days' written notice of intention to appoint an administrator to any holder of a qualifying floating charge and file a copy with the court as soon as reasonably practicable.

When the copy notice is filed with the court by the company or its directors, an interim moratorium arises which prevents most forms of proceedings or enforcement against the company, including forfeiture and distraint by a landlord, being started or continued without the permission of the court. That moratorium expires on the earlier of the appointment of the administrator and ten business days after the filing of the notice of intention to appoint. An administrator may not be appointed pursuant to that notice after the ten business day period has expired.

The directors of Cornercare Limited had given and filed notice of intention to appoint an administrator in February this year, but then failed to appoint an administrator within 10 business days of filing as they had not secured funding to purchase the new premises for the business. They sought a declaration from the court clarifying, in particular:

 

• whether an appointment of administrators by the directors could be made out of time pursuant to the notice already given and filed, and
  
• whether it was possible to give and file a fresh notice of intention to appoint an administrator, thereby creating another interim moratorium of 10 business days within which to appoint administrators.
  

The judge held that the effect of the relevant provisions of the IA 1986 was to prevent administrators being appointed on the back of the original notice of intention to appoint where the 10 business day period had expired; it did not prevent the company or the directors from giving and filing a fresh notice (or notices) of the intention to appoint administrators and appointing administrators within the further period of 10 business days commenced by the filing of these additional notices of intention to appoint administrators.

However, he warned against misuse of the ability to file repeated notices of intention to appoint and considered that the court had adequate power to treat such repeated filings as an abuse of process Judge Purle ruled that the court could restrain the filing of further notices unless these were followed by an actual appointment. Judge Purle also held that the court could invalidate any abusive notice of intention to appoint or make a blanket order overriding the moratorium. In such circumstances, Judge Purle ruled that the court would have the power to give a disgruntled creditor permission to bring proceedings and take enforcement action against the company.

Comment

This decision will come as a relief to companies and directors who have found themselves legitimately unable to appoint an administrator following the filing of a notice of intention to appoint – the concern that the ability to appoint may have been lost altogether by failing to meet the deadline has been dispelled.

Those companies and directors who file a notice of intention to appoint an administrator but do not do so within 10 business days, and those insolvency practitioners appointed pursuant to a subsequent notice of intention to appoint, should document the reasons why no administrator was appointed under the original notice in order to head off any challenge to the later notice or appointment. Anyone filing notices of intention for purely tactical purposes should not be surprised to see their actions challenged at court.

The decision is of equal importance to landlords and other creditors, some of whom have reported tenant and debtor companies or their directors repeatedly giving and filing notices of intention to appoint apparently in order to achieve an indefinite "rolling moratorium" and avoid creditor enforcement action. The decision provides both comfort to those seeking to make legitimate use of notices of intention to appoint administrators and a warning that the Court will not tolerate any abuse of this procedure by a company or its directors

[chillinlong]

Morning Patrick,

 

I need to read it three times to understand these articles. Thats why I read late in the night to think over it . Sorry if this sounds a bit thick again but does the above mean that to appoint an admnistrator or LPA it needs to be done via the courts?

 

Thanks again.

[patrickq1]

i think with the POWER OF ATTORNEY this is unfair and should be resisted so if you interfere with the power of attorney they would have to take you to court,this is one way to get both ME and WS into the court room ,there they would have to explain in front of a judge what the hell they think they are playing at ,peoples livelehoods and families are at stake and they seem to think this is acceptable,you can provide the evidence and information concerning the total and deliberate mis management,fairness is of prime concern and that also means fairness in contracts as well ,so i would be puting it to a judge that they offered no arbritation they were constructive in running down the properties they witheld information concerning rentals they let properties run down then overcharge at extortineate rates for maintainance all this has to come out in a court of law ,that is why i say CHANGE THE LOCKS take over the management and maintainence yourself ,REVOKE THE POWER OF ATTORNEY as you have considered it being an unfair contract ,if needs be

A power of attorney can be revoked by a written instrument of revocation signed by or on behalf of the person who granted the power. you are the one who signed the contract granting power of attorney so it is revoked this goes to MORTGAGE EXPRESS AND ALSO TO WS but check the small print in the contract,also you need to inform the FSA concerning what has been happening between yourself and this lot also every one else needs to send your complaints to them as well as the FOS and ICO ,complaining that the lack of paperwork and data ,there failure to negotiate ,

patrickq1

[mungos mum]

Hi patrickq

Being a 'bear of little brain' I echo chilling's post. Trouble is we have absolutley no legal training at all & find case law quite hard to understand, especially when trying to read it in relation to our particular problem.

I realise that this must be quite frustrating for you, as you dig up all this info only for the likes of us coming back back to say "help, please translate"

Many thanks

MM x

[mungos mum]

patrickq you are a star, that's brilliant.

Will spend afternoon digging again for info re power of attorney

MM x

[mungos mum]

according to MX's t&c they state 'The power of attorney you give us in this condition cannot be cancelled while any part of the debt is still owing'

Do you think this is right or are they just 'pushing their luck' & hoping that we will accept this as being true?

[Meerkat One]

Hi MM

 

Having just read through the T & C's I think I would consider 19 an unfair term and condition. In essence it is intended to give MX complete power to do anything they wish. This cannot be reasonable given that they apparently empower an admin assistant to authorise lpa appointments?

[diddled]

Think you will find that within your mortgage agreements that these powers of attorney are irrevocable. They can only be terminated when the secured debt has been discharged in full.

 

4 Powers of attorney given as security(1)Where a power of attorney is expressed to be irrevocable and is given to secure—

(a)a proprietary interest of the donee of the power; or

(b)the performance of an obligation owed to the donee,

then, so long as the donee has that interest or the obligation remains undischarged, the power shall not be revoked—

(i)by the donor without the consent of the donee; or

(ii)by the death, incapacity or bankruptcy of the donor or, if the donor is a body corporate, by its winding up or dissolution.

(2)A power of attorney given to secure a proprietary interest may be given to the person entitled to the interest and persons deriving title under him to that interest, and those persons shall be duly constituted donees of the power for all purposes of the power but without prejudice to any right to appoint substitutes given by the power.

(3)This section applies to powers of attorney whenever created.

Annotations:

Modifications etc. (not altering text)

C1S. 4 applied (with modifications) (19.12.1995) by S.I. 1995/3272 reg. 36(3)

 

S. 4 applied (E.W.S.) (26.11.2001) by S.I. 2001/3755, reg. 43(3) (with regs. 39, 45)

Edited May 24, 2010 by diddled