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I am not sure on this, but I don't think so. the repossession action went to Court 10.00am 31/10/2007 and the bailliffs arrived aroind 2.oopm the very same day to carry out eviction.
Did you not apply to the Court to stay the eviction? Did you attend Court?
I did attend Court and produced the offer I had already advised lender of, thinking that they would not allow repossession as I had complied with the arrangement But the lenders Solicitor objec on the grounds that the sale would take too long to complete, though as far as I was aware time was not of the essence in the making of the agreement to allow me to sell in order to clear the mortgage/arrears. Hindsight is wonderfull in that afterwards you can think of all the objections you could of and should of raised have raised
Have you complained to the Lender or Ombudsman please?
Yes via Ashworths Solicitors Manchester who were unable to proceed further because they were acting on a No Win No, Fee basis and were unable to obtain Insurance cover
What did the Ombudsman say?
When you say no win no fee, they considered the case to be less than 50%?
Ombudsman found in Cavour of lender, But in making the complaint to lender Ashworths reserved the right to take it to Court.Not sure if they considered the case to be less than 50% but up untill the point they advised they couldnt obtain insurs
ance cover all seemed positive.
Did they give you a Barristers opinion?
Not as far as I am aware.
Ok - that is the first step, get a Barristers advice. This will cost you about £500
But you will know whether they consider prospects above 51%, if they do then it would be possible to bring a claim
But I fear as the Ombudsman as found against you, the lender will use that fact in proceedings
So spend the £500 before you embark on expensive legal fees
Otherwise you might end up bringing a claim that doomed to fail
Can I clarify anything for you about this today please?
I don't think so. Unfortunately I dont have £500 available at present but thank you for the advice As and when I have funda I will certainly seek barristers advice.