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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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After getting into arrears with my Bank, I had my home repossessed.

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After getting into arrears with my Bank, I had my home repossessed. Aswell as a mortgage with Birmingham Midshire that was up to date we also had 2 further secured loans on the property with Lloyds Bank, a business credit card and unsecured overdraft. When we were taken to court by Lloyds the judge came up with a figure of repayment which included the unsecured credit card and overdraft, was this legal.
We feel that by lumping all these figures together (both secured amounts and unsecured amounts) the judge was at fault and we may be able to overturn his decision.
What is adding to our confusion is that Lloyds solicitor who is liasing with us has allowed us to remain in the property and sell it on the open market . We dont understand why they would do this having gone to all the trouble of going to court and getting an evicition order, why dont they carry it out! What makes this frustrating for us is that the judge gave us 6 weeks to sell and complete on the property, we had the house valued at around the 450,000 mark prior to the hearing and had the particulars ready to market the property when we went to court, but the judge dismissed our case without letting us speak and by giving us 6 weeks to sell and complete we had no option but to put it on at a price that would attract developers and investors to ensure a quick sale (the potential danger being that if we didnt manage to sell it within the 6 weeks and complete, the bank could immediately evict us, sell it at auction for massively below the figure of 385,00, being our total debts, leaving us massively in debt and homeless at the same time) So reluctantly we went straight to the estate agents and put the property on the market for #385,000 the figure was reached by ourselves because this is the figure we needed to clear our debts, it didnt have relevance to the actual value of the house . The problem that we have is that Llodys are now talking about dropping the price by a further #25,000 as it hasnt sold yet. What we are asking in short is if it was legal in the first place for the judge to lump together both secured and unsecured amounts, and make his decision to take our home based on these figures
Yours sincerely
Paul Chamberlain
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Paul my name is ***** ***** I will help you with this.
When was the order for a charge, sale and then possession please?
Customer: replied 1 year ago.

Hello Alex,

We went to court on the 15th October 2014 giving the claimant possession on or before the 15th December 2014.

Expert:  Ash replied 1 year ago.
What date was the original CCJ? Did you defend it?
Customer: replied 1 year ago.

no we didnt defend it, we went to court on the 15th October and it was our first time in court re the possession, we wanted to defend it but on asking to put forward our views we werent allowed, he just dismissed us and gave us 6 weeks to sell the house..we didnt take a solicitor with us. Is this what you mean?

Expert:  Ash replied 1 year ago.
When was the CCJ granted? Did you defend THAT claim?
Customer: replied 1 year ago.

We dont really understand what you are asking..we attended court on 15th October 2014, which was when the judgement was made. As I previously said we didnt get a chance to defend ourselves, we asked to put our points across and show him some photos of works that we had been doing to the house to prepare it for sale but he wouldnt look at them, the whole session lasted about 10 mins and we didnt get to speak, the judge spoke to the other sides barrister and then told us his decision to repossess by the 15th December..

Expert:  Ash replied 1 year ago.
Ok. You had a claim form sent at some point asking for the money, when was that?
Did you file a defence to that claim form?
Customer: replied 1 year ago.

From memory we werent sent a claims form, we were sent some means test forms to fill in in March 2014, everything was done via Lloyds solicitor over email, so we didnt file a defence as such just replied to their emails. The first forms we filled in for a court were in connection with this hearing on the 15th October and i believe we sent them in at the beginning of October.

Expert:  Ash replied 1 year ago.
Thank you. Did you get notice of Judgment in default?
Customer: replied 1 year ago.

what does this mean? not sure what this is but dont think so

Expert:  Ash replied 1 year ago.
Ok. You had the claim form but did not defend it. You would have next had a judgement in default against you, is that right?
Customer: replied 1 year ago.

No, what we had was communication with a solicitor defending lloyds who we were emailing, we had an agreement to market the house and so they held back from taking us to court, but because it took slightly longer than we had agreed to get works completed they issued us with a court summons for the hearing on the 15th...this is the first thing that we had from a court ...everything else was done through the solicitors Walker Morris. It is pretty hazy to be honest and hard to remember everything. I do have their emails though. We did send in defence to the court appearnace on the 15th October asking for a reduced payment plan for a short period of time or a rejig of figures to help us get back on track, I dont think the judge even read our form as none of the points were adressed or even mentioned. I am sorry if we are not giving you the exact information it is hard to remember and grasp what your asking

Expert:  Ash replied 1 year ago.
Were you a named party on the claim form?
Customer: replied 1 year ago.

yes myself and my partner were both sent forms

Expert:  Ash replied 1 year ago.
Ok. When you had the forms, why did you not try and defend it then?
Customer: replied 1 year ago.

when we go the form from the court we did fill it in and explain...but heard nothing back from them and so went to court thinking that the judge would have our forms with him then

Expert:  Ash replied 1 year ago.
Ok, this is the process of what would happen:
1) You would get a letter before action
2) You would then get a court claim form
3) If you didnt file a defence you would then get a Judgment in default
4) You would then get a copy of an interim charging order
5) The Land Registry would tell you there has been a charge
You can only set aside if you have a valid defence to a claim AND you have acted promptly. I am sorry to say based on the delay and that you knew about this since at least October 2014, some 8 months ago, the Court will consider this too long.
You have 28 days to appeal any action and sadly this is way out of time. I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

So basically if these werent followed and we could prove that they didnt follow these procedures do you think we could appeal?

Expert:  Ash replied 1 year ago.
This is potential but the flaw is the delay. It is considerable.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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