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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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if my building society changed my mortgage from a interest

Customer Question

if my building society changed my mortgage from a interest only mortgage to a part and part are they in breach of contract
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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 : What is your loss please?
Alex Watts : When did you go to court?
JACUSTOMER-jt31rulk- :

my house as in the period of dispute we got in arrears , the last court action when the order to evict and the court found in favour of the society because they said they finally corrected the mistake was on Thursday 10th. 4 days ago.

JACUSTOMER-jt31rulk- :

I cant believe the court can found in there favour . surely the contract was broken in 1996 when they changed it and after so long refusing to correct it the contract should be void .

Alex Watts :

But you took it to Court and lost? Did you appeal?

Alex Watts :

When did you take it to Court?

JACUSTOMER-jt31rulk- :

I sent you text this morning at 7.30 I am waiting reply

Alex Watts :

Sadly it does not show...............?

JACUSTOMER-jt31rulk- :

What I sent was this has been back and forth in court nealy 18 years and there case has been thrown out many times because they did not explain themselves and what they did in changing my mortgage status each time it was thrown out they come back with a different firm of solicitors sometimes ot would be within a few months other times in years . They finally corrected there wrong doing in 2012 , some 16 years later and the court finds in there favour now we are homeless because of arrears this happened because they missmanaged our account for 18 years

Alex Watts :

Ok - did you win or lose in Court?

JACUSTOMER-jt31rulk- :

Lose . I could explain all this better over phone os this possible ?

Alex Watts :

Sadly its against site rules

Alex Watts :

When was the case?

JACUSTOMER-jt31rulk- :

10 th. April 2014 . Last thurday

Alex Watts :

What was the hearing last week for?

JACUSTOMER-jt31rulk- :

Possession

Alex Watts :

Ok.

Alex Watts :

Did you seek leave to appeal?

Alex Watts :

Was it a trial or a quick hearing?

JACUSTOMER-jt31rulk- :

I did seek leave tp appeal because I did know that I could or on what grounds it was a trial on the fast track system.

Alex Watts :

And the Judge gave a detailed Judgment?

Alex Watts :

You did or did not seek leave to appeal?

JACUSTOMER-jt31rulk- :

Yes

Alex Watts :

Yes to which please?

JACUSTOMER-jt31rulk- :

I did not seek leave to appeal . Yes the judge gave detailed judgment

Alex Watts :

Ok - and on what basis do you wish to appeal?

Alex Watts :

Was it before a circuit Judge or district Judge?

JACUSTOMER-jt31rulk- :

That they missmanaged my account for many years and did not explain them selves when asked to by me and the court they refused to send in paperwork which would have shown why they were asking more money per month than I should be paying.one judge got so fed with them he refused to make a order for me to keep paying the contract sum that they asking for back in 2007 and thru the case out .they finally gave in 2012 reworked the fiqures back to how it should be from 1996 . Of course all this confusion has left me thousand in arrears they acted shamefully and come up smelling of roses

JACUSTOMER-jt31rulk- :

District judge

Alex Watts :

Ok - you can ONLY appeal if:

Alex Watts :

1) there was an error in law, or

Alex Watts :

2) there was an error in the court procedure, or

Alex Watts :

3) the decision made by the Judge was one which no reasonable Judge could have made

Alex Watts :

You can't appeal on the merits of the case or just because you don't like the decision

Alex Watts :

It has to be on the above grounds

Alex Watts :

You need to complete form N161

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf

Alex Watts :

And seek permission to appeal

Alex Watts :

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

Alex Watts :

If this oral hearing is refused then you can only then appeal to the Court of Appeal

Alex Watts :

If permission is granted then you need to convince the Court the Judge below got it totally wrong

Alex Watts :

But that is the procedure and process

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-jt31rulk- :

No I got what you say . It seems the law is so unfare sometimes . Thanks for

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’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-jt31rulk- :

Thank you

Alex Watts :

All the best

Alex Watts :

Can I clarify anything else for you about this today please?

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