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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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is it legal to tell a judge on a repo case that a mortgage

Customer Question

is it legal to tell a judge on a repo case that a mortgage is £125 00p per month when in fact it was £98.00. I then found out at a later date that the $125.00. was £98.00, mortgage and the rest was PPI, house insurance and house contents insurance combined
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

This the person telling the Judge know it was just £125 a month. Would it have many any difference if the Judge knew it was £98?

JACUSTOMER-z9rg22qn- :

yes it would have made a difference,but as i understand the law it is a criminal offence to miss lead a judge

Alex Watts :

Who gave the information?

JACUSTOMER-z9rg22qn- :

the agent for nationwide

Alex Watts :

Did you not correct the Judge?

JACUSTOMER-z9rg22qn- :

i did'nt know at the time

Alex Watts :

Did you not attend the hearing? Or did you not know what you were paying?

Alex Watts :

Do you know whether the agent knew this was for PPI?

JACUSTOMER-z9rg22qn- :

i dont know but nationwide did

Alex Watts :

You know for sure that the agent knew?

Alex Watts :

When was the possession order made?

JACUSTOMER-z9rg22qn- :

comming up to three years ago and nationwide knew what they were doing,even after me phoning them. i was even told to rob a bank over the phone

JACUSTOMER-z9rg22qn- :

they did'nt care where the money came from

Alex Watts :

Why have you waited 3 years before doing anything about this/

JACUSTOMER-z9rg22qn- :

i have been trying to get advice everywhere but i keep getting told that i have a good case but it will cost me £150 per half hour and cash up front

Alex Watts :

Yes sadly you would have to pay private as the legal aid system has been changed.

Alex Watts :

But if the agent KNEW then yes this would be a matter which you can sue for

Alex Watts :

But you would need to show that £98 and opposed to £125 would have made a difference to the possession order.

Alex Watts :

But potentially you have a claim

Alex Watts :

But you may have difficulty in getting a Solicitor to take this on a non private basis.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-z9rg22qn- :

i am ex military would i be better off going through the british legion as all my belongings and military paper work were given away and skipped

Alex Watts :

Oh I see, that may cause you a problem.

Alex Watts :

You may be better off going through them if they can offer you free legal cover etc

JACUSTOMER-z9rg22qn- :

what kind of problem would it cause ?

Alex Watts :

You bring a claim you have to prove it. If you have no paperwork this causes you a problem

Alex Watts :

And if you lose you will have to pay the costs of the other side

JACUSTOMER-z9rg22qn- :

but they should have the paperwork

Alex Watts :

That is not the point. You are bringing the claim - you need to prove the claim as you are bringing it

JACUSTOMER-z9rg22qn- :

so it is legal to enter somebodys property change the locks, take away property that does not belong to them and tools of my trade, sell my house over £50 that they say i owed them even though they owe me more threw the fraud they were doing threw PPI AND ITS OK FOR THEM

Alex Watts :

I did not say it was ok.

Alex Watts :

If they have a possession order they can change the locks

Alex Watts :

But you can sue them, but you need to pay a Solicitor or go via the Legion for this

JACUSTOMER-z9rg22qn- :

i did'nt even know it was happening till i got a phone call from a neighbour who told the bailiff who then ran and jump in his car and drove off, and i cant see the judge being very happy when he finds out he was missled

Alex Watts : Yes but you can still sue. But if you bring the claim you must prove it or be liable for the other sides legal costs.
JACUSTOMER-z9rg22qn- :

but i can ask for copies of all the paperwork cant i ?

Alex Watts : Yes assuming they have it
Alex Watts : Does that help?
JACUSTOMER-z9rg22qn- :

by law they should hold it for 7 years should'nt they ?

Alex Watts : There is no law how long they should hold it for.
Alex Watts : A reasonable period only.
Alex Watts : Does that help?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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