Home repossessed by acenden whilst out of the country, with no warnings legitimately received

[sparky686]

Hi,

 

My home has recently been taken off of me by acenden while I was out of the country for 7 weeks. unfortunately, unknown to me (because I never check my bank, and in the past 8 months I've hardly been in the country to open post) payments had not been made, whenever home i'd not seen any alarming looking post, ie from solicitors (I've had these letters before so would clock that straight away) so presumed everything was fine! and then i got a phone call from a friend who works with a lodger of mine, telling me he'd been woken up to locks being drilled and then told to get his stuff and leave within 30mins!

 

after the initial shock, I got hold of the company now managing the property, who told me that it would be sold at market value etc, and i would receive any equity, as I was due to sell upon my return anyway, at this point I figured to let it go peacefully and hope for a fast sell!

 

 

Now the property is on the market, I'm thinking that I'm being screwed a bit, the amount is almost identical to the amount outstanding, and is less than 2 other properties in the same post code that both have 1 less bathroom and bedroom! where do I stand with this? the fact that I'd never received the letters for court as i was abroad didn't give me the chance to defend myself in court, at which point I would have been able to clear my arrears, surely for eviction (I know this to be true with tenants) there must be proof that the receiver has received such a letter!

 

there are many other issues here, fees and charges for one, PPI miss sold, and the mortgage itself was a self cert and the company who'd arranged it (warrick finance) told me I had to tweak my income by 5k to get the self cert mortgage, which at the time was to stop a repossession order, at a time of panic, they offered a way out, but into a mortgage that has since been in trouble, as I could never afford ot to start with..............

 

surely this is irresponsible lending! I am now currently under a high level of stress due to the prospect of the debt from fees this is going to leave me in, and wonder where, if anywhere I stand to take action

 

 

I will first be sending a SAR to acenden, warrick finance no longer trade, so I'm not sure how to get info from them,

 

I hope somebody can help, thankyou!

Edited July 28, 2013 by citizenB
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[sparky686]

Can anyone out there help??????

[citizenB]

I am not quite sure what you can do.. I am sure there will be others who will be able to help who will look in as soon as they can.

 

The company repossessing are obliged to obtain the best possible price as I understand it.

 

When you returned from your visit outside of the UK, was there any court paperwork? I am sure they cant simply repossess without sending any reminders or Letters before Action or court papers.

 

Have you spoken to the Court where all this happened, perhaps you can obtain the paperwork ?

[sparky686]

yes there were some solicitors letters dated after I left, still not opened them as proof I guess that they were never seen, also ferry tickets will prove that I was not around!

 

Thanks CitizenB.

[Rorschach]

If letters were sent to the last address supplied to the lender than the Court considers service to be good. The lender is not under any obligation to track you down outside of the country. It seems their solicitors took steps to send you the letters. Realistically you have very little chance of fighting a case on this basis. Saying you didn't know it wasn't paid isn't good enough because you are responsible for ensuring it was.