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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My Home/business premises repossessed despie fact that lender

Resolved Question:

My Home/business premises repossessed despie fact that lender had agreed to allow me to sell in order to clear whole mortage & arrears Not sure if they followed pre-action protocol in giving me the 15 Days notice as court hearing occured whilst I was recovering from a Quintuple Heart by-pass operation.Further the eviction appeared to be carried out with what can only be termed undue haste, the court bailiffs arriving within a few hours after the hearing. All this despite the fact that I had advised lender a suitable purchaser had bee located and sent them a Faxed copy of their offer. Subsequently the lender sold the property for well below that offered price and therefore below the best possible price available. Can I obtain Legal redress for the loss of my property and loss of my business?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I can help with this.
Alex Watts : Did you have a suspended possession order please?
Customer:

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.

Alex Watts :

Did you not apply to the Court to stay the eviction? Did you attend Court?

Customer:

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

Alex Watts :

Have you complained to the Lender or Ombudsman please?

Customer:

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

Alex Watts :

What did the Ombudsman say?

Alex Watts :

When you say no win no fee, they considered the case to be less than 50%?

Customer:

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

Customer:

ance cover all seemed positive.

Alex Watts :

Did they give you a Barristers opinion?

Customer:

Not as far as I am aware.

Alex Watts :

Ok - that is the first step, get a Barristers advice. This will cost you about £500

Alex Watts :

But you will know whether they consider prospects above 51%, if they do then it would be possible to bring a claim

Alex Watts :

But I fear as the Ombudsman as found against you, the lender will use that fact in proceedings

Alex Watts :

So spend the £500 before you embark on expensive legal fees

Alex Watts :

Otherwise you might end up bringing a claim that doomed to fail

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.





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