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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Mortgage company repossess buy to let house without our

Customer Question

Mortgage company repossess buy to let house without our knowledge can we overturn this
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
Hi we have a buy to let which due to bad tenants some years ago got into arrears, to cut long story short we cleared the arrears and they put it with rental agency to ensure it didn't happen again , time went on and we wanted to get hse back and were told to send in income and expenditure form and set up dd and that would be OK and for some reason it was never received and things just stayed the same (I suffer from depression and didn't follow it up ) assumed all going along nicely and then last week get a letter saying rental company handing it back to mortgage company and to contact them, which I duly did o lay to find out hat the agency were actually receiver agency and that the tenant has left and they are handing the house back to mortgage company!!!! We have had NO correspondence about this at all until last week from anyone and considering the agents supposed to be acting on our behalf it's terrible. There are no arrears at all and I'm being told that they can't/won't change the possession order as buy to let and not main home. They say they have send over 30 letters over the years mostly to the rental house which we have never seen or been advised about. They say they uphold part of the complaint as I was told that we would get the house back under our control when they never had any intention of hat happening so are rewarding us £500 maximum compensation!!!
We want to challenge this as were mid advised and not keep informed about anything.....
I'm not sleeping and this will have serious impact on our family and my marriage and also my health with my depression again
What can we do??
Expert:  Ash replied 1 year ago.
Was there a Court order for possession?
Customer: replied 1 year ago.
Not as far as we are aware, we had no idea this was happening .
Customer: replied 1 year ago.
They say they can prove they issued letters to both addresses but we have not had anything about this whatsoever
Expert:  Ash replied 1 year ago.
Did they claim it under the law of property act or via a Court order?
Customer: replied 1 year ago.
No idea they just said that it work different for buy to let houses so I really don't know
Expert:  Ash replied 1 year ago.
But from what you said there appears to be a possession order?
Customer: replied 1 year ago.
Well we have never seen one of there is, we were advised rental company taking over responsibility for a while and we would get it back at later date
So no, we haven't been advised of a possession order as far as I am aware
Expert:  Ash replied 1 year ago.
Ok - if there is a possession order then you could apply to the Court and have it set aside. You would go before a Judge and they would decide whether to set it aside given the arrears situation.If there is no order then its under the LPA and you should apply to Court to have it revoked.For this you would need a Solicitor to draft the documents and present it in Court for you.But either way you can apply to the Court to have it set aside.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
So why are they saying it's too late and we can't have it back unless the mortgage is paid off in full
Expert:  Ash replied 1 year ago.
I dont know, but if there has been an order, you can apply to have it set aside, that is your right. Alex
Customer: replied 1 year ago.
They say they won't delay marketing the house and they nothing we can do about it
Expert:  Ash replied 1 year ago.
You can apply to set aside or seek an injunction to stop them. This matter can be heard within 24 hours in Court.But this is why you need a Solicitor to draft the documents for you.Does that clarify?Alex
Customer: replied 1 year ago.
Thanks
Expert:  Ash replied 1 year ago.
Good luck. If I could invite you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you today. Thanks in advance. Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi alex, it appears they used the property law but surely i should have had notification by eithe them or the 'agent' - they say that i had contacted them 2008 to say write to rental address and they asked for a signed letter from both of us which never arrived but they changed the address anyway but that they still sent letters to our home address which i have never received and surely the agent should have contacted us regarding this as supposedly they were working for us?
Customer: replied 1 year ago.
hi alex can you advise given the update i've just sent
Expert:  Ash replied 1 year ago.
If they didn't use your correct address for service then you can apply to have their power set aside. You should have been notified.Alex
Customer: replied 1 year ago.
even though they say i asked for letters to be sent to rental address?
and given that they have put in writing that they needed both signatures to do this but they changed the address anyway?
surely either them or the agents should have written to our home address which was never done - they argue that they sent letters to both addresses but hand on heart nothing has been received from them or the agents about this repossession
Expert:  Ash replied 1 year ago.
You would have thought so. You need a court order to remove this.
Customer: replied 1 year ago.
ok, but you are confident that a judge would find in our favour
Expert:  Ash replied 1 year ago.
I think you have an arguable case yes.Does that clarify?Alex
Customer: replied 1 year ago.
hi i have a solicitor looking over everything but i see that the house is on the market with an estate agent - we were never served any court order or notification of iintent to reposses - where do we stand legally (the solicitor is away from office today)
Expert:  Ash replied 1 year ago.
As I said you need to get an injunction to stop it. You should have been served documents. Alex
Customer: replied 1 year ago.
how do i do that in my solicitors absense today - and now its on the market can it still be serviced ? where doi start with an injunction?
Customer: replied 1 year ago.
is there a link to the form i need that you can provide and where i send it ?
Expert:  Ash replied 1 year ago.
Form N1 for the claim form:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16a for injunction:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Customer: replied 1 year ago.
ok, thanks, ***** ***** i complete these or should i get my solicitor to do tomorrow and file accordingly?
the fact that they will say they sent documents to rental house - but we received nothing at home address - will this strenghtn our case?
Expert:  Ash replied 1 year ago.
Get your Solicitor to do it. If they sent documents to rental house, but had your own postal address on file, yes this helps you.Alex
Customer: replied 1 year ago.
they say that some years ago i asked for all letters to the send to rental house, they then say they wrote to me saying they needed both owners signatures as joint mortgage to do this but they say this was never received back to them but they changed the address anyway!! and continued to send to both address - this is not the case as we haven't received anything from them at all at our home address
Customer: replied 1 year ago.
also -if the forms are filed tomorrow - how quickly could theybe heard and do the mortgage company have to attend or is it just judge and myself
Expert:  Ash replied 1 year ago.
Yes the Mortgage company have to attend. Alex
Customer: replied 1 year ago.
i'm really worried that now they are marketing the house its all over - will the judge look favourably on me as no notice received -
Expert:  Ash replied 1 year ago.
Yes the Judge should. Dont worry, see your Solicitor tomorrow to get the ball rolling. Alex
Customer: replied 1 year ago.
thank you, ***** ***** keep asking you for help on this - until its resolved
Expert:  Ash replied 1 year ago.
Well it should be one question per thread........... I dont mind if its on the same subject but if you have a Solicitor you should really be asking them. Alex

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