Scotland - repossession - Capstone/Acenden

[jssandy01]

I have a decree for reposession still in force as a result of arrears I am fighting which are all made up of legal fees and charges. My mortgage payments are in fact up to date. I have gone the formal complaint route and repoted matters to FSO & FSA but still they issued a final eviction which was due next week. In light of the recent high court decision, I was told today by their solicitors, that eviction has now been cancelled. I have once again advised them that there is an outstanding complaint and the 'arrears are all charges and that no further action should be taken since the matter is now with FOS. In view of recent ruling and the fact they never issued a calling up notice, can I get the original decree cancelled? if so how can I do that? Thanks for any help

[IdaInFife]

just for reference incase anyone else needs it:

 

http://govanlc.blogspot.com/2010/11/glc-predicts-major-shockwaves-for.html

 

I'll get somone who is more clued up in this area to respond

 

Ida x

[jssandy01]

Many thanks Ida, and look forward to hearing expert opinion. I suspect there are lots in this position and if we could wipe the original decree off it would give a clean start and buy some time.

[IdaInFife]

I have asked another member of the site team to look in. She is having a well deserved couple of days off and will get back to us on Sunday or Monday when she is available.

[jssandy01]

Hi Ida any update? Thanks

[IdaInFife]

Hi sorry, I know they have been busy.

 

I'll give them a tug

[Ell-enn]

Hi there, I'm not sure of the process in Scotland (in England you would apply to the court for a hearing to get the suspended possession removed). Perhaps you could give Govan Law Centre a ring - they will know the process, or ring your local court and ask what form you need to apply for a hearing. We can then help you with the wording of the form.

[newstarter]

You should have recieved a calling up notice by recorded delivery,and the council should have recieved a section 11 notice advising them of the calling up notice sent to you.You should also have recieved a section 24 notice advising you of your lenders intention to go to court,however your lender may have issued a default notice,or a court certificate in which the lender can proceed on the debtors default of the standard condition ie the mortgage,if you recieved non of this paperwork at all then i would say you have a strong case here for getting the origional decree struck out,however i would be more concerened at the momernt with making doubly sure that eviction order has been squashed.

[jssandy01]

Hi many thanks , the eviction was indeed cancelled. I received written confirmation from acting solicitors who advised they will be in touch once instructions received. No calling up notice which is why the stoipped action in view of recent court haring.

 

I will have a go at ringing Govan but I think they only help those who live in Glasgow.

[Ell-enn]

Hi many thanks , the eviction was indeed cancelled. I received written confirmation from acting solicitors who advised they will be in touch once instructions received. No calling up notice which is why the stoipped action in view of recent court haring.

 

I will have a go at ringing Govan but I think they only help those who live in Glasgow.

 

Hi, have a look at their website - there are links to legal advice all over Scotland. http://www.govanlc.com/scotland.htm

 

Also, Shelter have a Scottish advice centre (they're not just for homeless, they advise on repossession too) - http://scotland.shelter.org.uk/home