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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7270
Experience:  Solicitor
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A suspended reposession order was issued against my property

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A suspended reposession order was issued against my property Jan 2011,In may 2013 it was found that my account had been mismanaged by the lender and I had been charged a higher rate of interest and fees added which shouldnt have been.I was given a large refund. Prior to court I had paid a large lump sum towards to arrears. At the time of going to court the figures and details presented to the court were from the account being mismanaged,I have questioned if I was actually in arrears considering the error and is the suspended reposession order actually valid considering the lender provided the court with incorrect information

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

What is it you want to know about this today please?
Did you raise the issue with the Judge at the time?

Customer: replied 8 months ago.
It was only discovered two years after going to court.I did raise it with the lender and the two following lenders who the debt was transferred to.but I was told any refund was made and nothing else was due.My concern is that becasue the account wasn't managed according to the 1974 consumer credit act at the time of going to court,the details provided for them the get the suspended reposession order were incorrect

Did you, at that point, ever appeal the decision?

When did you take out the loan?

Customer: replied 8 months ago.
No i didnt appeal because I assumed my account was being handled within the confines of the law and the arrears showing were correct.I had paid off a large amount of the arrears that they claimed were on the account before going to court. Court proceedings took place Jan 2011 and the discovery of the account being mismanaged was in May 2013.

When did you take out the loan?

Customer: replied 8 months ago.
It was August 2008

If there was an issue then you should have appealed the Order. It may have been it was varied.

But if you were in arrears then the order would have been granted in any event.

You have 21 days to appeal any order from date of knowledge, which would have been in June 2013.

As such I am sorry to say you are over 4 years out of time.

But even then if there were capital arrears, it would have been granted excluding interest.

I am sorry if this is not the answer you want, nor 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?

If not I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you for your help.

Im sorry its not better news.