Author Topic: Possession via High Court  (Read 2597 times)

Windmills

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Possession via High Court
« on: Sep 28, 2012, 10:32:48 AM »
A possession order was granted to a second charge. The first charge, mortgagee was settled. The second charge was for a Directors guarantee by a factoring agent. There has been an on going dispute and our solicitor missed a key date to seek a set aside while a highly viable defence and challenge to the deed was organised. We applied to the Cty CRT for a late set aside but it could not be granted due to White Book time limits. The DJ advised we sue our solicitor , that's ok and be'd accept an application for a Time Order for the £5k debt by fax.  The application was made and date set for 21 days later as husband working away. On the day the hearing was moved to pm from am.


 We learnt during the hearing that an eviction was simultaneously taking place. The day after our failed set aside the financial agents went to the High Court where they had initially issued, albeit the recent hearing was at a local Cty CRT and got eviction. We knew nothing of this!!
The time Order hearing was 21 days too late. Stupid thing is I could have raised the £5k.....
The DJ was livid and we are headed for a Circuit Judge  to appeal his original findings etc.... We are locked out with only what we were wearing to the court having no knowledge that an eviction was happening....
Help pls,!!!


I,ll add... The applications were late as we handed all to our solicitor as my husband had a heart attack then major surgery. Also, the DJ said if the case had not been outside time then he'd have given us our second set aside application on the grounds of a viable case. Further the deed they rely upon is witnessed by someone we've never heard of from a town 100 miles from us!!


To also put in perspective...... Trading by the company for which the directors loan stood, slowed. The factoring agents stopped chasing the debtors and just went for the guarantor. There was 30k easily recoverable by them that they failed to collect. In fact we know can tell their accounting was inaccurate as we are aware some monies they did collect aren't shown!!  They further issued in High CRT , some 200 miles from us and for a sum within cty crt limits, after being advised my husband , the main force in the company, faced surgery..... Infact, they filed  on the day of his operation...which they had been told of .... I know I'm not allowed to swear... But reader you can guess my thoughts!

We have learnt now that the solicitor acting on behalf of the financial factoring company put in the writ application to the High Court immediately they received notice of our application for an urgent hearing for set aside  in Cty CRT. They did not reveal this at the hearing just argued we were out of time. We never received any notification from the High CRT of the writ for eviction. Can someone tell me is this equitable?? We have had no opportunity to remove any personal items prior to change of locks.

The transfers of papers have given Circuit Judge insufficient time to read and decide today. We await Monday. I am heartened that the DJ has sent us there to appeal his refusal of set aside.

We are homeless on a Friday night.


James Falla

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Re: Possession via High Court
« Reply #1 on: Oct 02, 2012, 04:43:20 PM »
Hi Windmills. Very sorry to hear about your situation. Unfortunately this forum is really based around giving people advice about debt that they believe they owe. I think your question really needs to be answered by a solicitor. I wish you all the best of luck with it.
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Windmills

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Re: Possession via High Court
« Reply #2 on: Oct 02, 2012, 05:42:14 PM »
Thank you James. A Solicitor was what I wanted to avoid, but I ask if anyone had experience of  factoring agents and their tactics which are aggressive, questionable and less than transparent!!!  I furhter seek any advice on High Court litigation? Does one get notice of a Writ for Eviction. We didn't.....
 We are on our third (working) day awaiting a Circuit Judge to be free to look at the appeal lodged.
Oneday when this is resolved, intend to publish at length tale and actions by this financial service , currently an area without code or indusrty regulation. Maybe something for the OFT?

James Falla

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Re: Possession via High Court
« Reply #3 on: Oct 23, 2012, 10:16:44 AM »
How are you getting on Windmills? Any progress?
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Windmills

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Re: Possession via High Court
« Reply #4 on: Oct 23, 2012, 11:38:31 AM »
Our frustration grows.
First slot for an oral hearing ... Mid Nov. the court system has no comprehension what it's like to be made homeless. At least there's a stay of execution too.
I really can't put the detail here. But would ask anyone interested to read Bibby Blog and support the call for regulation of the asset based finance industry. They are worse than banks!
Thank you for asking, I will be writing pieces for the press about the maliciuos approach by the solicitors involved and about homelessness for Shelter.


The final debt figure is £3k The costs , to date, £22k. The continue to fail to quantify their costs but today we've learnt taxation possible on their costs.
Keep sending positive vibes please!