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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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House repossession post eviction

Resolved Question:

House repossession post eviction
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your enquiry. Please would you elaborate more on the issue so I can assist you.

Customer: replied 1 year ago.
I will get back to you later today or tomorrow when I have got everything ready, is that ok or I may call you
Customer: replied 1 year ago.
This is where I am with this case I have other info I can send with background information. I was in the USA looking after my Daughter, a single parent who has breast cancer and needed surgery. I need to know how much info Is relevant to get the warrant set aside
From Linda *****
To Bradford County Court.
Case no
OPB 20562
I am opposing the application for restitution of the warrant to evict me on 17/5/2016, by the Plaintiff. Please advise me of the hearing date so I can attend in person and any progress.
I already had the property up for sale and will do so again at a reduced price to sell it quickly and pay the mortgage off in fully. . There is no risk to the Plaintiff as there is plenty of equity in it to fully cover their charge which will be reduced anyway when the arrears have been paid in full, and I will not be staying there indefinitely.
I have not broken in to my home but simply used quiet possession because I could. I have not done anything illegal to enter the property I previously lived in and had permission from the registered owner to live there i.e. as I am the owner. I informed the Plaintiff that I had done this on 5/6/2016 my self.
I have also asked them for a copy of the transcript of the phone call I had with a member of their staff on 6/5/2016 but received the following reply so I am requesting the Court to ask them to produce it.
Good Afternoon
Our client does not provide transcripts of calls. If you would like a copy of the call recording you will need to make a Data Subject Access Request to them in writing with the required statutory fee of £10.00, specifying the call recording you require. Upon receipt of a valid Data Subject Access Request and the fee our client will respond within the statutory period of 40 days.
I have complied with that and have to say that I am sure they will not produce it before the hearing date as it will contain the statement that the eviction was cancelled which wasn't true.
I shall be paying Engage the arrears in full plus 3 months advance payments to demonstrate that I will no longer be in arrears. Their Solicitors have been advised of this.
I already have an application and hearing date of 1/7/2016 to set aside the warrant and hoped for an earlier hearing date as my application was sent in on 25/5/16 but I understand that the Court is very busy and that the Judge specifically requested that I was in Court in person which I shall be. I can now prove that the following rule was not adhered to as I now have all the correspondence sent to me when I was in the USA unopened.
Under the following rules:
Home»Courts»Procedure rules»Civil»Rules & Practice Directions»PART 83 - WRITS AND WARRANTS - GENERAL PROVISIONS
PART 83 - WRITS AND WARRANTS - GENERAL PROVISIONS
(5) When applying for a warrant of possession of a dwelling-house subject to a mortgage, the claimant must certify that notice has been given in accordance with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations which they haven’t done or if they said they had it couldn't be true as I have already shown that I was in the USA then.
Thank you,
Linda *******
9/6/16
Customer: replied 1 year ago.
This is some background info,
Case no
OPB 20562
The lender and I had agreed a repayment plan on the 6/4/16 based on a full budget plan.
On 6/5/16 I rang the lender as my Bank informed me that they had cancelled the DD as it looked suspicious to them and was not for the amount I had advised them would be taken when I rang them in April. During that conversation with the lender which will be recorded by them, they agreed that they had taken the wrong amount but they had got £160 and said that I had to send £435.56 to make up the £595.56 to make up the regular amount which I agreed I would send. Then the would re set up,the DD. They also informed me that without me asking that there was no eviction which must have been untrue then as they must have requested the eviction on the 3/5/16 for a date of the 17/5/16 which would have given me 14 days notice but as the Bailiffs found I wasn't there to open any post and they should have ensured, likewise the Court itself that I had got the notice and date which I hadn't.
I did not know until I rang the Lender on the 10/5/16 that a date had been set.
I rang the Court on the 12/5/16 and they advised me to submit an application using n244 form. I contacted the Court immediateLy to send in an application to have have the warrant suspended.
After sending the form and statement by email Court Staff couldn't open the files I was sending so in the end I had to go to the local library to scan them. The Court got my application on 14/5/16. I could not be in Court as I was in the USA. still.
Linda ****
Expert:  Harris replied 1 year ago.

Apologies, this is not my area of expertise. I will opt out and allow a colleague to assist you

Expert:  Ash replied 1 year ago.

Hello Linda my name is ***** ***** I will help you.

What would you like to know about this today please? Alex

Customer: replied 1 year ago.
Hello Alex, We have met on this site and I have moved on now and have Court hearing Friday. Have you got the replies I have already sent to the other Solicitor? Linda
Customer: replied 1 year ago.
I will be more speedy at the end this time promise
Expert:  Ash replied 1 year ago.

Yes you made an application to suspend?

Expert:  Ash replied 1 year ago.

Was that heard?

Customer: replied 1 year ago.
No it's this Friday. I am home now, will you be online tomorrow as I have my grandchildren here tonight? I may call you. I know it limited what you can ask a Judge to do but I did tell them that I had taken quiet possession back and are now in my house now, we simply walked in through a faulty door. I now know a lot of other things they didn't do correctly and staff who had spoken to me have had to leave their jobs as they did miss inform me. I also have raised the money to pay the arrears plus 3 months regular payments but can I say all this to the Judge and should I do a budget Plan. I am happy to sell the house and my son and daughter have offered to remortgage if necessary, Thanks Linda
Expert:  Ash replied 1 year ago.

OK - how much are the arrears? They messed up the payments by DD if I remember?

Customer: replied 1 year ago.
they did, they are now £6208 but I thought on 6/4/16 before I left for the USA that we had an agreed budget plan, they later said they hadn't accepted it and had sent me a letter which I never got as I never got any letters, nor was I expecting them. Linda
Expert:  Ash replied 1 year ago.

Ok - I remember now. What do you want ask about this? Do you want me to call you?

Customer: replied 1 year ago.
Can I resume with you tomorrow, Linda
Expert:  Ash replied 1 year ago.

Of course.

Customer: replied 1 year ago.
Good morning Alex, are you around today. I really just need to know that if I am back in possession of the house does that allow me to give the Judge a lot more information to assist me with the application to suspend the warrant or am I still limited to abuse of process. Linda
Expert:  Ash replied 1 year ago.

Yes it does Linda. You have possession back which helps.

Does that clarify? Alex

Customer: replied 1 year ago.
Will the Judge penalize me for going back into the house do you think and which are the main points I should make? Linda
Expert:  Ash replied 1 year ago.

No, its nothing to do with the Judge whether or not you are back in the property.

Thats a matter between you and the lender. But you should highlight the agreement made.

Does that clarify? Alex

Customer: replied 1 year ago.
it does. Is it ok if I keep you open until Friday Linda
Expert:  Ash replied 1 year ago.

Yes of course, but if I could invite you to rate now, the question does NOT close and you can come back and ask me questions.

Thanks. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Ok
Expert:  Ash replied 1 year ago.

Thanks!