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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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on the 15/4/2013 in the wigan county court,my mortgage company

Resolved Question:

on the 15/4/2013 in the wigan county court,my mortgage company obtained a posession
order against my wife and i,it was suspended,however i have found out since that the mortgage company lied in court.i am trying to locate the young lady who represented me
that day,she was from the citizens advice,and shortly after moved to a law firm.i will find her.However is the mean time,is there anything i can do to stop my mortgage company
from taking abvantage of the situation.I have got a complaint against them,that is with the ombudsman.they owe me a lot of money.The mortgage company is kensington who in sept
2009 were fined record amount,and warned as to their future conduct
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : The person representing would have been acting on instructions.
Alex Watts : Did you not attend the hearing please?
Customer:

the person attending was acting for me,she was trying to get the best deal for me and my wife

Customer:

as th

Alex Watts :

Yes I mean the mortgage company

Alex Watts :

On what basis was the possession order granted please?

Customer:

the young lady in court was acting for me and my wife,she was from the cab,and was trying to get

Alex Watts :

On what basis was the possession order granted please?

Customer:

the best deal for me and my wife as to the amount of arrears repaymemts.However she had no background for the case,she was asked to go by a freind of hers from shelter who had to drop out at the last minute..i was in the court area,but outside the court.After it was over she told me,that kensington the mortgage company,had said that up to 2006 they had not given me any reason to withhold my mortgage payments.That is when i knew they were lying.in 2006 i asked an ombudsman to try and recover some overcharges for me,he did ,,but it was august 2009 before they were paid,that is why i stopped making my payments in protest about the delay nothing else,as sonn as the overcharges were made,i resumed my paymemts

Alex Watts :

What did the Ombudsman say?

Alex Watts :

What is it you want to achieve please?

Alex Watts :

Please do not try to rate until I have given you an answer please

Customer:

i can prove beyond doubt that kensington lied in court.the young lady is now working for a form of solicitors,but with the help of the cab,i can trace her

Alex Watts :

Ok - have you yet complained to the Ombudsman?

Customer:

the young lady's name is kirsten

Alex Watts :

Ok - have you yet complained to the Ombudsman?

Customer:

i have told the ombudsman among othe things that kesington lied in court

Alex Watts :

Did the Ombudsman make any findings?

Customer:

I thought it worth mentioning the in may 2006 i suggested,that an-depth investigation into this company would reveal some horror stories.as a result this took place,and in september 2009

Alex Watts :

Did the Ombudsman make any findings?

Customer:

they were fined a record amount of 1.1million,and ordered to pay 1.2million in overcharges to their customers.They were also given a final warning.and on the 12/4/2010 a decsion notice

Alex Watts :

So the mortgage company have lied - did you bring this to the attention of the Judge?

Customer:

it was after it was over,before kirsten told me what had happened.i wrote to the judge shortly after,but i did not get a reply.I did tell kensington i was going to ask for transcrips,and the court

Alex Watts :

Ok. Then you could make an appeal if there was a hearing on the basis the information was wrong and they lied.

Alex Watts :

But it would be an appeal, not set aside application

Alex Watts :

You would need to complete Form N161

Alex Watts :

http://wbus.westlaw.co.uk/forms/pdf/cpf00785.pdf

Alex Watts :

Normally you have to appeal within 21 days so you may need permission to appeal out of time

Alex Watts :

First you generally need permission to appeal

Alex Watts :

Therefore you need to complete the above form and submit it to Court together with your evidenc

Alex Watts :

evidence

Alex Watts :

A Judge will decide whether to grant permission to appeal

Alex Watts :

If this is refused you can ask for an oral hearing for permission

Alex Watts :

If permission is refused then you can only seek permission from the Court of Appeal

Alex Watts :

If you get permission then you need to show why the original decision was wrong

Alex Watts :

You can then present your evidence to show they lied and what difference it has made

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

sent me many.but i decided to go straight to the court.i have got the papers.for leave to appeal.but i am afraid i may have left it to late.this company have inflicted so many injustices on me,i have been diagnosed as having stress and depression,and i am under the care of a councillor.i have also been under the care of an hynotherapist.in 2009 kensington offered me

Alex Watts :

Yes indeed. But you need to take the steps I have outlined above.

Customer:

200 pounds for stress and inconvenience.i turned it down a couple of times,but eventually i had to take it.This admission was to my Mp in 2009.they have done so much damage to me since,that they have made me a mental wreck,and i have all the proof,plus the support of two councillors

Alex Watts :

Yes I can imagine it is very hard for you.

Alex Watts :

Can I clarify anything for you?

Customer:

what can i do to have the original decision overturned

Alex Watts :

Appeal by taking the steps I have outlined above.

Alex Watts :

Does that help?

Customer:

it was eventually suspended.and it was granted on the arrears.i have also had the areas payment varied from 80 to 40pounds

Alex Watts :

Yes you can still appeal i

Alex Watts :

it

Customer:

arrears

Alex Watts :

Yes

Alex Watts :

You can still appeal

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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