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If the contract is rescinded doesn't that mean that you have to give them the original loan back?
Have you filed a defence claiming fraud?
If your possession hearing is 15th October then you need to file a defence.
You may be late doing it now.
You need to plead your case and set out in concise words exactly WHY it is a fraud and why it is a misrepresentation.
The Judge will then either give directions and set it down for a trial or make a possession thre and then.
But you needed to have filed a defence really a week or so before the hearing.
So you need to do it now.
Can I clarify anything for you about this today, please?
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1. You can't just say its reconded and thats it, not pay anything. You have signed a deed. You need a Court declaration to void it.
4. Yes, you can do so. But I dont think you can claim more than £50,000 in damages
Does that clarify?
No, you need to raise it in your defence.
Contractually they are entitled to apply for a possession order.
Do not be confused about what an abuse argument is. File your defence, that is what you need to do now.
They don’t need to. They have a deed contract. As such your defence is no contract exists. But on the papers it appears there is One
That is the whole point of going to court. You can try and argue there is no contract, but I am telling you that won’t wash with the Judge.
You need to file a defence setting out clearly your position. Does that clarify?
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