LPA RECEIVERS - How To Effectively Challenge Their Appointment

[vizkij]

From, London

 

Can tell me as there anyway to remove Receivers powers?

[keates]

Only the bank can remove the receivers unless you can prove the receivers appointment is invalid. I can only speak from experience and if I was in your situation I would be taking control of my property by moving into it and then applying to the court for permission to sell it myself. I would not try to negotiate with the bank or the receivers and if I was going to employ a solicitor, I would make absolutely sure that he was an expert in the aspect of the law dealing with LPA Receivership as there are very few who are but plenty out there who are more than happy to take your money and make your situation even worse than it is now.

 

Please, if you want a good outcome, take control of the situation and don't waste time trying to negotiate with your bank or receivers. You said that there is substantial equity in your property, protect it by taking immediate action.

 

I have to repeat that I speak only from experience but I wish someone had told me what I am telling you. Good luck and please let me know how things progress.

[vizkij]

OK well do, do you advise me to tell the receivers and bank that live in the property or just wait for them to come.

[keates]

I can only tell you what I would do based on my experience which is that banks and LPA receivers will not enter into any negotiation. I don't know how much research you have done and I wish I could speak with you but I know that this forum will not publish personal details otherwise I would give you my telephone number and email address but my name is Joan Keeley and my bank is Kent Reliance and if you 'google' those you might find me. I'd love to talk with you.

 

So, if I was in your situation and knowing what I know now, I wouldn't say anything to the bank or the receivers, I would just move into the property and at the same time ask for an emergency hearing at court for an injunction to prevent the LPA receivers selling the property based on the fact that you are resident in the property. When I applied for an emergency hearing, I went to my local County Court early in the day and lodged my application and I was told to wait until a judge was available to hear my application. I went before the judge later that day and he granted me a temporary injunction preventing the LPA receivers selling the property and a bailiff was instructed to take papers to the LPA receivers instructing them to attend court a few days later. In my case, the receivers were attempting to sell the property without the power of sale but in your case , you will be asking for them to be prevented from selling the property because you are living in it. Information about this and other things to do with LPA Receivership is available on the internet if you keep looking.

 

This will only be the start of the process because you won't know what action the bank will then take. I suspect the bank will apply to the court for repossession but that is a much better situation than you are currently and you have the option of applying to the court to sell the property yourself.

 

You really need an experienced solicitor to guide you through this but again, this forum will not allow me to suggest anyone to you.

 

I MUST EMPHASISE THAT ANYTHING I HAVE TOLD YOU IS BASED PURELY ON MY OWN EXPERIENCE AND RESEARCH. I AM NOT A LAWYER AND CANNOT ACCEPT ANY RESPONSIBILITY IF YOU ACT ON ANY INFORMATION I HAVE GIVEN YOU.

 

LPA RECEIVERS ARE TOTALLY UNREGULATED AND BANKS USE THEM TO DO THEIR DIRTY WORK. I HAVE BEEN TOILING FOR NEARLY SEVEN YEARS NOW TO HAVE THE LAW CHANGED AND I HAVE THE SUPPORT OF OTHERS IN A SIMILAR SITUATION AND MPs.

 

I wish I could speak with you and will be happy to do so if you are able to contact me but in the meantime, I wish you good luck and would be very interested to hear how things progress.

[AndyOrch]

Please can we keep all advice on the open thread please...Please refer to the Forum Rules.

 

Regards

 

Andy

[keates]

Hi Andy,

 

I totally understand the rules and the reasons for keeping all advice on the open thread and I have no wish to go against that but I'm sure you will appreciate that all I want to do is to help this person if I possibly can and I know that if I send him links to information that would be useful to him at this very difficult time, it would be blocked. This person is in desperate need of help.

 

Kind Regards,

 

Joan Keeley

[honeybee13]

Hi Andy,

 

I totally understand the rules and the reasons for keeping all advice on the open thread and I have no wish to go against that but I'm sure you will appreciate that all I want to do is to help this person if I possibly can and I know that if I send him links to information that would be useful to him at this very difficult time, it would be blocked. This person is in desperate need of help.

 

Kind Regards,

 

Joan Keeley

 

Why do you think the information would be blocked, keates? As Andyorch said, we normally deal with problems on thread.

 

HB

[dx100uk]

then why not send the links to a member of the site team first

and if we think they are appropriate

then we will post them up?

 

 

dx

[keates]

I didn't know I could do that. I've had links blocked in the past

 

Regards,

 

Joan

[stu007]

Practice guide 36A: receivers appointed under the provisions of the Law of Property Act 1925 (Guidance):

https://www.gov.uk/government/publications/dispositions-executed-by-law-of-property-act-receivers/practice-guide-36a-receivers-appointed-under-the-provisions-of-the-law-of-property-act-1925

 

Law of Property Act receiver: https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch49-60/Chapter%2056-2/Part%204/Part%204.htm

 

Glatt*v*Sinclair*[2011]*EWCA*Civ* 1317: http://www.bailii.org/ew/cases/EWCA/Civ/2013/241.html

[vizkij]

I have moved into the propery made an application to the courts, apparently Mortgage Express has made a Claim to the court I received no paper work, I wasn't told the claim number or what kind of Claim they made.

[vizkij]

UPdate, I been told by the court that the N22 in the incorrect form to use, and lender has not taken court action as yet.