How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Cold you tell me if a Receiver needs to visit a property to

Resolved Question:

Cold you tell me if a Receiver needs to visit a property to obtain possession and also can he arrange to sell a property before he has been appointment. They advertised my property 7 Days before the appointment certificate shows he was appointed. I received a letter from the Borrowers saying that the receiver would be contacting me but he has failed to do this and will not return calls. I also note that this receiver is an Ex Director of the Borrowers; Is it in order for him to be acting as Receiver for them.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 :

So the Receiver has not yet been officially appointed?

Customer:

It was on 7/12/13 that I found out that my property was being sold when I read the local Newspaper and saw my property being advertised by a local Agent. When I visited this Agent and asked him who Authorised him to sell the Property he showed me the Appointment form which was signed and dated 11/12/13 . I then told him that this was part of an ongoing Fraud by a Lender which was Highlited in Radio 4 on Face the Facts last week he said that he had been instructed by this Receiver and he was carrying on. When I challenged about the Date on the Appointment he said that the fact that he had not been officially Appointed when they arranged the sale did not matter. I then asked him when had the Receiver met on site to arrange the sale and he said that the Receiver had never visited the site.

Alex Watts :

The Receiver shouldn't take any steps until actually appointed.

Alex Watts :

But does this invalidate any steps taken - probably not

Alex Watts :

It just means that you do not need to co-operate with the Receiver until they are actually appointed

Alex Watts :

But if the lender appointed a Receiver, but you did not know actually makes no diference

Alex Watts :

So generally there should be a formal appointment, then they can take steps

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Does this mean that he should not have taken any steps to arrange the sale before he was formally appointed . Is he within his Rights to refuse to discuss the matter with me . When I spoke to his Solicitor they said that he had been trying to contact . As he obviously had not tried to contact me because they had my email address my phone no which has an answering machine My mobile no which has message recording. It seems to me that they were trying to cover him up.

Alex Watts :

Yes he should not take taken any steps, after all he was not instructed until appointed so how could he?

Alex Watts :

He can refuse to discuss with you as he is not appointed by you but the lender. But he should take all steps that are reasonable.

Alex Watts :

Can I clarify anything else?

Customer:

Thank you for confirming that he should not have taken any steps until he was formally appointed. It might be of interest to you to have a look at The Farming Forum on the internet click Agricultural Matters. It will show you some of the Background to this Fraud. Together with the programme on Radio 4 last week it will give you a rough idea of how this Fraud is being committed. Thanks again

Alex Watts :

No problem - glad I could help

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/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions