'Lewis' Field representative visit on CCJ/CO Northern Rock Shortfall

[sillygirl1]

I think a hearing for Possession is when they decide when to repossess you, either way you have a right to attend, challenge the figures and put your defence, especially if you have young children who will be affected by changing schools midway through the shchool year.....

 

NMR are known to be aggressive on repos, and you can also argue that their business model was not designed for them to have mortgages going the full term. There is some case law on this now but can't remember the name.

 

Good luck. PM me if you need to sound off....

[sillygirl1]

Mr W, PM'd draft statement to you - waiting for you to come back to me.

[sillygirl1]

Don't skimp on the I&E, you should be able to get this done within an hour, there is an I&E template on the CAB site, as well as others. Don't know if Ell-enn has been in touch yet.

[sillygirl1]

I&E Form link here

 

http://www.trafford.gov.uk/cme/live/dynamic/DocMan2Document.asp?document_id=8AD3E12F-A249-43D8-931B-393181E1045F

 

Have PM'd you it too.

[sillygirl1]

This must be a bit of a relief, was their solicitor a 'little boy' or 'little girl' one? They liek to trow about legal stuff but when faced with bare fact tend to flounder, hence my stance of keeping it short, sweet and not letting them get their oar in.

 

Well done for hanging in there.

[sillygirl1]

Hi Mr W

 

You should SAR the solicitors, that will make them think twice about these outrageous charges, and maybe slip in an N1 court claim yourself for every single legal charge dumped into your arrears figures... give them nightmares instead of you.

[sillygirl1]

Don't forget you can also complain to the Council of Mortgage Lenders about the solicitors being instructed incorrectly by the lender to debit this charge against the arrears, I am sure they would love to get their hands on one of these companies at the moment....

 

Its not that I am aggressive by nature but I really hate getting stuck in the 'we do it because we can and there is nowt you can do about it' scene. There is something I can do about it and tough if you don't accept it!

[sillygirl1]

As far as the alleged shortfall goes, don't sign anything admitting to an undisclosed figure, that is a recent tactic, 'sign here and we will allow the sale to go ahead and sort it out afterwards.'

 

Have you thought about asking the local council if they have a 'shared ownership' option, I've found out that some councils have this now and can help for a temporary period.

 

You can take ANYTHING in the house, fixtures and fittings included, after you have gone they will either gut the place and sell it cheap to a developer or let it sit there and they clock up their stupid charges eg £3000 for total clean of property (seen on another mortgage shortfall paper, when asked who did the work, for a copy of the invoice etc the charge was halved.... and still no supporting paperwork provided).

 

They will try to force you out quickly, you could ask the courts for a stay but it would hardly be worth it. When two companies are involved let the second charge company take the property and slug it out with the first charge lot, that is what I did nearly 6 years ago, both companies in my case went into administration shortly afterwards so neither have got any shortfall payment from me.

[sillygirl1]

Hi Mr W

 

Yes, a N244 would be the way to go now, but don't bother SARing them, it would tsake too long and wouldn't ge the info you want. I think this is where you can invoke CRP rules and do a CPR request for the information you want.

 

I think you would need to formally close the deal with the Estate Agents, clearly they have not acted in your interests, you would need to do a 7 day notice of legal action to them as they have 'aided and abbetted' in the repossession you are now experiencing - also a complaint to Trading Standards would not be amiss.