Repossession questioned by deeds not being signed

[IS IT ME?]

Apple,

Once again thank a big thank for your time.

And to answer all the above is a yes to all. Have asked for a copy of the approved judgement way back in Nov last year but have not had it nor when I asked again in Jan 2013. so will ask again today.

Just did not what to open our hand just yet as you know what their like.

[applecart]

Apple,

Once again thank a big thank for your time.

And to answer all the above is a yes to all. Have asked for a copy of the approved judgement way back in Nov last year but have not had it nor when I asked again in Jan 2013. so will ask again today.

Just did not what to open our hand just yet as you know what their like.

 

Hi Is it Me

 

Thank you - give me a bit of time - I am ready to start putting together information based on your request for you. It will not and does not constitute legal advise, if you find it of use, then great.......

 

In the meantime; can I ask you to:

 

Download an Application from the Adjudicators www here: http://www.justice.gov.uk/downloads/forms/tribunals/ahmlr/RectifyOrDocuments.pdf

 

Get a copy of the Approved Judgment in the matter before the Adjudicator in Garguilo v Gershinson [2012] EWLandRA 2011_0377 here:

 

http://www.bailii.org/ew/cases/EWLandRA/2012/2011_0377.html

 

Get a copy of the Approved Judgment in the matter in the civil Appeal Court in HILMI & Associates Limited v 20 Pembridge Villas Freehold Limited [2010] EWCA Civ 314 here:

 

http://www.bailii.org/ew/cases/EWCA/Civ/2010/314.html

 

Get a copy of the Approved Judgment in the Queens Bench division in Bibby Financial Services Ltd and others v Magson and others [2011] EWHC 2495 (QB) here:

 

http://www.bailii.org/ew/cases/EWHC/QB/2011/2495.html

 

Please take time out to familiarise yourself with all the above case law; they will come into play party to your application to the Adjudicator against the mistake made by HMLR - that inadvertently caused a county court judge to grant a possession order in favor of a Lender that has not executed the Deed you speak of.

 

If you have any questions to do with Parts 1 - 3 of the Application Form, then lets address that first - ok....

 

When you are looking to complete part 1 - 3 of the Application form, please bare in mind....., you are not seeking an Order against your Lender - You are seeking an Order against which so ever HMLR Office that registered the erroneous deed - (dig out and find there address and contact details for entry on the form - ok : )

 

Hope this helps for now?

 

I'll be in touch soon, if I don't here from you before I get back to you.

 

Your patience at this time will be most appreciated : )

 

Apple

[IS IT ME?]

thanks have down loaded and reading the above now and await your input many thanks once again and will await you help.

regards

[IS IT ME?]

hi,

any more news as I need to do the application

[applecart]

Hi Is it Me,

 

I hear you....

 

so, I won't be long......I'm almost finished....

 

Apple

[IS IT ME?]

Hi Apple

any more news as yet?

[applecart]

Hi Is it Me

 

I will have to wait for the site team to contact me - the info is now ready - but needs to be vetted by the site team first.

 

This is after all a 'self-help' forum - so I have to be careful what info I post - which is only fair - because compromising the CaG in anyway is simply not the done thing.

 

While we wait: Did the HILMI case make sense?, What have you taken from its content?

 

Apple

[ims21]

We have received the document from applecart which is currently being reviewed.

[IS IT ME?]

Thank you but as you know and will appreciate that any information or advice given on here is taken that ADVICE and not without a lot of thought and research into it.

I should be taken as thanks without question the help and advice, not to mention time given by Apple and I for one would like to thank him or her now.

[applecart]

Thank you but as you know and will appreciate that any information or advice given on here is taken that ADVICE and not without a lot of thought and research into it.

I should be taken as thanks without question the help and advice, not to mention time given by Apple and I for one would like to thank him or her now.

 

Hi Is It Me

 

That's very kind of you to mention.

 

If you have any other queries, simply let me know... : )

 

Apple

[IS IT ME?]

Thank you, I would but still waiting for site team to release the post.

Have a reply back from the adjudicators so lets see what happens now.

[ims21]

Here you go. This is apple's reference document

 

[ATTACH]44248[/ATTACH]

[IS IT ME?]

Wow

What can I say This will; really put the cat amongst the pigeons

As this will no doubt help others big time if it comes off which I feel it will and thank you once again and I just hope that I can do your post justice

In the post I can confirm that by the sale agreement dated 13th June 2011 they the lenders have sold all there interest in the mortgages to another party

There sale agreement and all other documents are now on line?

thanks once again.

[applecart]

Hi Is It Me,

 

I hope you do come to find that the info will work to your friends advantage, if I can be of any further assistance - don't hesitate to let me know...

 

 

 

Apple : )

[applecart]

Thank you to the Site Team for reviewing the document - much appreciated - I'm pleased that you accept that there is nothing within it's pages that stands to compromise the CaG.

 

Apple : )

[IS IT ME?]

well, it has taken a turn for the worst as the lender had upped the rate to 9.7% which they say they could do in the terms which he never had for this address, the offer was for the old address which he was going to buy but pulled out and got this one.

 

So we went off to court as he could not pay the extra needed and put the application as it was before the adjudicators office as the deed is void, the d/j did not want to know and stated that the adjudicator would throw it out as well, I asked ' are you stating now that you know what he or she will say and do? he said yes as he has agreed to this deed by paying the mortgage! any way I haven't got time to read all of this now, I then asked then how can you say it's wrong!

 

I then stated that by the sale document of the company they have sold they FULL interest to another party, he asked that the rep for the lender who only was an agent and had 3 sheets of paper if he knows about this he said no.

 

I showed him the paperwork for the sale which clearly states they had

I then said I what this to go before a C/J as it is clear you do now think there is any thing wrong with this and the d/j stated ' they are a large company which has a good repute ' I said just like the banks then, he did not know how to answer and I asked if this hearing is being recorded which he stated why I informed him that I will appeal on my friends behalf.

 

His whole attitude then charged big time and made an order for the company to confirm in a statement of truth that they own the mortgage still or a letter to which I stated it must be signed by an officer of the company as Mrs Jones sitting in the office would not know what the company had done or is doing.

I think that some of these D/J's are way out of there league which is why they just rubber stamp every thing.

 

And it is all smoke and mirrors , The company did asked for a date to for an eviction but he then knew that I was not playing ball and would not give it to them.

 

I can not for the life of me see how or why the statute can be changed by a D/J who is only a solicitor of 5 years standing and by the way the one who heard the case before was out side acting as a lawyer for some one else's case!

 

I have shown your document to another legal person who is high up and he has confirmed that what you have written and stated as being true and statue law and can not be changed by a d/j

 

So they have 14 days to come back so lets see what they come up with now but as I think and feel this matter could and should only be dealt with at a higher court as he will get no justices at this court and as this has the making of being as big as the PPI claims no one wants to be the first to say this is wrong.

 

So if I can come back to you once I have the paperwork Apple and see what it states then, But the application before the Adjudicators office has been done well before this hearing and I for one fully believe this is correct and the way to go.

Edited June 10, 2013 by citizenB
spacing for easier reading

[caro]

Unfortunately the judges main concern seem to be if the defendant borrowed money, and if so they should pay it back. It's all very well debating these issues on line, but much as I'm sure your friend would like the judge to rule in his favour on these issues, we see time and again that it doesn't happen. At least some of those who have tried arguing these points in court have ended up owing tens of thousands extra for the claimants legal costs.

 

I suspect that your friends priority is to either keep hold of their home, or leave it on their own terms and minimise their losses.

 

Please make sure that your friend is fully aware of the risks before deciding the next step.

[IS IT ME?]

erm caro, caro

I see that you are for the people on here and that even though the LAW states some thing you are qiute happy for these people to rob people and legal lie to the courts.

 

No one has stated that he did not borrow money nor that he does not want to pay it back what is the question is why is the rates going up and up but the Bank of England rate or that of the Libro has not and who may I ask is the ones who have con us over these rates the Banks yet again. And why have you not done any thing about this may I ask? and this should be some thing that this site should have taken on.

 

I note that you have not stated that the advice apple had given was wrong and in fact it stopped the d/j in his tracks and as my friend is very un well and has no were else to go and I have seen his payments go from 800 to 1300 because the rate has gone up under their so called terms. So he has no other way but to fight for his home and by using the LAW and one which the courts should be standing by and if not as you say then this site should be shouting it from the roof tops and naming and shaming the judges who do not go by the LAW.

 

I am sorry if this upsets you or is not in line with the site but until some thing is done then they WILL keep getting a way with this.

Edited June 10, 2013 by citizenB

[caro]

It upsets me greatly that judges flout the law and allow numerous organisations to take the roof from over people's heads. It upsets me greatly that these companies profit at the expense of good people who have fallen on hard times. It upsets me greatly that when B of E dropped the base rate to help ordinary people, the banks used it as a way to increase their profits. It upsets me greatly that LIBOR is used to rip people off.

 

It has broken my heart to see the damage that has been done to people that I know personally as they have fought tooth and nail to hold on to their homes, how they tear families apart and end up sleeping on someone's sofa due to having nowhere else to go while children have to stay elsewhere.

 

I cannot comment on applecart's arguments because I am not knowledgeable enough to do so, and I admire anyone who can not only understand it, but also go to court and put their case. I admire that you and others fight for what you believe in.

 

What I do not want to see is more people lose their homes fighting using arguments which have yet to succeed when they have proven methods to keep their homes. Unfortunately the people in this situation are rarely in a position to have legal representation, so are forced to act as LIPs. Even those with legal representation can still go on to lose their home.

 

If your friend and family, if they have any, is prepared to fight for the greater good, then I wish him all the luck in the world. I just want him to be fully aware of the risk he takes by doing so, when there may be safer options.

 

My views are my own and for your information have, with others, handed a dossier on a similar sub prime lender into the hands of Sir John Vickers at a Which? Event on banking and to Paul Lewis of the BBC, having travelled to London at my own expense. So please don't think that I sit back and do nothing and neither does Cag.

[IS IT ME?]

But that it the point, until it IS taken to a point that will succeed if it is right and the proven methods you state are there to help the lenders no one else and would you be saying the same if this site had not won the PPI cases and Log Book Loans?

Because that is what is needed here if as you say it breaks your heart and that judges flout the law because no one so far has said enough is enough and that is why they get away with it, so come on help to put a stop to it and join the fight as thinking about it they have more to lose than him.

[caro]

Their day will come is it me, and much cleverer people than me, and I suspect you are well aware of the problems. Judges do not want to put people out of their homes, but these companies need to be better regulated. Mike Dailly is all too aware if the repossessions, particularly by sub prime lenders and as a member of the FCA, I have no doubt will want to tackle them.

 

I do what I can for individuals and groups on CAG, but then I lend my support to those who are better placed and better informed than me to fight the bigger battles. We aren't the only ones who want the law, and the spirit of the law to be upheld.

[caro]

Oh and I'm sure I don't need to tell you that a success in one court will not set a precedent.

 

Choose your battles where they will have most effect.

[IS IT ME?]

Yes I agree with what you say here but the precedent would be set if it goes to the court of appeal.

I think most of these people you mention have been well aware of these companies since 1999 and yet they have done nothing and the FSA does nothing even today.

As there is no where else to go with thi,s so this is a battle which he and I can not lose or afford too.

[caro]

The FSA no longer exists and has been replaced by the FInancial Conduct Authority. They've already helped with bank charges. http://www.fca.org.uk/

[IS IT ME?]

well that says it all really. Its all smoke and mirrors and they all lied and stated things are all good but we all know its not and it's about time the judges see the same as every one else.

But we will see.