a little help

Need help and support? Post here and we will do our best.

a little help

Postby elemental mechanic » Tue May 19, 2009 10:08 am

i wonder if i can get some opinions to offer a family member on a particularly horrendous matter.
i won’t go into any personal details but will furnish as much relevant information as is possible\practical.

two of my family members have moved to the land of the free in order to create a more promising future. (it was a chance in a lifetime offer so to speak, so they took it.)

after moving in some people into their property who they felt they could trust, they thought that was the end of the matter, the mortgage is being paid. (good stuff)

it turns out that it wasn’t and the trusted person’s were not holding there end of the bargain and they eventually moved out leaving the house a mess, but also in an incredible amount of debt having not covered their end of the deal. (pay the mortgage, gas, electric, etc)

also if i remember rightly they were using an agent but i’m not sure at this point if the agent was supposed to be keeping an eye on the tenants at that time.

one of my family members returned to the uk in an attempt to put the house in some decent order and then rent it back out and eventually rented it to his daughter; this by the way was cleared with h.b who were to pay every four weeks in arrears.

h.b unfortunately have been taking some time to make payments (a very long time as i am lead to believe)

in this time scale of about nine months to one year, the mortgage company have sought to repossess the property and time scales are dwindling fast.

i have posted the letters below that were received and would appreciate any useful feedback.

one thing my niece has said is that she will claim squatters rights (i myself am of the mind that possession is nine tenths of the law but i imagine i simply want her to be stubborn and stand her ground.

things are taking a toll her parents are in bits and so is she as she does not want to take her children to live in a hostel.

big trouble a.JPG


big trouble2a.JPG


big trouble3a.JPG
I KNOW WHERE I'M GOING
I KNOW THE TRUTH
I DON'T HAVE TO BE WHAT YOU WANT ME TO BE
I'M FREE TO BE WHAT I WANT


Muhammad Ali
elemental mechanic
 
Posts: 373
Joined: Wed Apr 29, 2009 7:43 pm
Location: greater manchester-shire

Re: a little help

Postby IamallthatIam » Tue May 19, 2009 10:40 am

HI EM,

i am deeply saddened by what I have read here, your family should not have to go through all this.

I am very angry about it too , because this is exactly what we are going through at the moment too , the motgage company have just threatened to apply for a date of eviction.

I am in the process of trying to get my head round some of the property laws to see if there is a way we can get it back to court, I suggest you get your family to do the same. I am not saying this will work but it is the only workable thing we have come up with so far. Have a good look at the contract and see if there is a point of law you can get them on, we have just done a Subject Access Request - haven't had anything back yet though - because the original possession order with us was granted on a mortgage offer , not the contract - as far as we can tell there is not an actual contract, and the agreement has never been executed because they have not signed it which makes the whole thing null and void. The problem is trying to secure a hearing through the courts. I`ll keep you informed as to how we get on

We looked into squatters rights, and according to what I can find out on the net , you would have to have been in the property for ten years minimum - having said that i have got no intention of going anywhere eviction order or no eviction order. i have a claim of right. i have served the mortgage company a copy of my Notice of Understanding and Intent and Claim of Right , so they really can shove there statutes right up there jacksies.

having said that , as a gesture of goodwill and as a matter of courtesy I have conditionally accepted to agree to the crap they are spouting upon proof of claim the only problem there is, that it is night on impossible for me to be able to see things from their point of view as we are never both going to be able to get our heads up their arses!!!!

There is such avast pool of knowledge here, someone is bound to come up with something else that is going to help the all of us in this situation, so sit tight

Just remember to let your family know , we are all behind them on fighting this one

love and light

Angie x x x
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
I DO NOT offer legal advice
- "I just say what I say because everyone is entitled to my opinion!" -

- Saffi Elder (Aged 7)-
User avatar
IamallthatIam
Moderator
Moderator
 
Posts: 1044
Joined: Fri Mar 06, 2009 8:36 am

Re: a little help

Postby BaldBeardyDude » Tue May 19, 2009 10:48 am

Apologies if this is naive in the extreme but - aren't they saying, in effect, your family defaulted on a mortgage/loan? If so, then the whole thing is illegal anyway - you cannot use a property you don't own as surety for a loan - null and void contract. Neither can they prove they lent anything, probably.

Again, sorry if this sounds lame but it's credit at the end of the day, is it not? - so a credit-type approach? Conditional acceptance of debt, the condition being prove the debt exists, if not bugger off?

Please tell me if I am being an arse (it won't be the first time) I'm just trying to think of solutions, EM

Terrible situation to be in. My thoughts are with you and them, EM
They must find it hard to take Truth for authority who have so long mistaken Authority for Truth - Gerald Massey
User avatar
BaldBeardyDude
Moderator
Moderator
 
Posts: 2256
Joined: Mon Apr 20, 2009 8:42 am
Location: Telford, Shropshire

Re: a little help

Postby elemental mechanic » Tue May 19, 2009 11:13 pm

Hi EM

i do not comprehend the function of a Subject Access Request at this time,


if you go back onto the main board and scroll right to the bottom, double click documented cases and look for GE Money, you will have to re-register on the linked site if you haven't already, give me five and i`ll put the details of a subject access request there , this is what I have just sent to my mortgage company , they have 40 days to reply , if that is too long for you to wait for a response - before the eviction date - you can always apply to the court get the eviction stayed , that ill give you more time to fight it

love and light
Angie x x x
I KNOW WHERE I'M GOING
I KNOW THE TRUTH
I DON'T HAVE TO BE WHAT YOU WANT ME TO BE
I'M FREE TO BE WHAT I WANT


Muhammad Ali
elemental mechanic
 
Posts: 373
Joined: Wed Apr 29, 2009 7:43 pm
Location: greater manchester-shire

Re: a little help

Postby IamallthatIam » Tue May 19, 2009 11:56 pm

Well....

The above post is from me , NOT elemental Mechanic , my orignal post seems to have disappeared and so does the previous post ..... I haven't got a clue what has happened there.... but EM , I hope the above helps

(((hugs)))
Angie x x
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
I DO NOT offer legal advice
- "I just say what I say because everyone is entitled to my opinion!" -

- Saffi Elder (Aged 7)-
User avatar
IamallthatIam
Moderator
Moderator
 
Posts: 1044
Joined: Fri Mar 06, 2009 8:36 am

Re: a little help

Postby booibooi » Fri May 22, 2009 9:03 pm

29. Holder in due course. — (1) A holder in due course is a holder who has taken a bill, complete and regular on the face of it, under the following conditions; namely,
(a)That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact:
(b)That he took the bill in good faith and for value, and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it.
(2) In particular the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
(3) A holder (whether for value or not), who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the bill prior to that holder.Annotations:
Modifications etc. (not altering text)
C4 S. 29 excluded by Consumer Credit Act 1974 (c. 39, SIF 60), s. 125(1)
C5 S. 29(2) amended by Consumer Credit Act 1974 (c. 39, SIF 60), s. 125(2)

30. Presumption of value and good faith.— (1) Every party whose signature appears on a bill is prima facie deemed to have become a party thereto for value.
(2) Every holder of a bill is prima facie deemed to be a holder in due course; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill.


47. Dishonour by non-payment.— (1) A bill is dishonoured by non-payment (a) when it is duly presented for payment and payment is refused or cannot be obtained, or (b) when presentment is excused and the bill is overdue and unpaid.
(2) Subject to the provisions of this Act, when a bill is dishonoured by non-payment, an immediate right of recourse against the drawer and indorsers accrues to the holder.


21. Delivery.— (1) Every contract on a bill, whether it be the drawer’s, the acceptor’s, or an indorser’s, is incomplete and revocable, until delivery of the instrument in order to give effect thereto.
Provided that where an acceptance is written on a bill, and the drawee gives notice to or according to the directions of the person entitled to the bill that he has accepted it, the acceptance then becomes complete and irrevocable.
(2) As between immediate parties, and as regards a remote party other than a holder in due course, the delivery—
(a)in order to be effectual must be made either by or under the authority of the party drawing, accepting, or indorsing, as the case may be:
(b)may be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property in the bill.

But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed.
(3) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or indorser, a valid and unconditional delivery by him is presumed until the contrary is proved.
''you have to learn the rules of the game.
And then you have to play it better than anyone else''

Albert Einstein
booibooi
 
Posts: 77
Joined: Sun Mar 29, 2009 8:19 pm

Re: a little help

Postby booibooi » Fri May 22, 2009 9:05 pm

21. Delivery.— (1) Every contract on a bill, whether it be the drawer’s, the acceptor’s, or an indorser’s, is incomplete and revocable, until delivery of the instrument in order to give effect thereto.
Provided that where an acceptance is written on a bill, and the drawee gives notice to or according to the directions of the person entitled to the bill that he has accepted it, the acceptance then becomes complete and irrevocable.
(2) As between immediate parties, and as regards a remote party other than a holder in due course, the delivery—
(a)in order to be effectual must be made either by or under the authority of the party drawing, accepting, or indorsing, as the case may be:
(b)may be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property in the bill.

But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed.
(3) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or indorser, a valid and unconditional delivery by him is presumed until the contrary is proved.
''you have to learn the rules of the game.
And then you have to play it better than anyone else''

Albert Einstein
booibooi
 
Posts: 77
Joined: Sun Mar 29, 2009 8:19 pm

Re: a little help

Postby Veronica » Fri May 22, 2009 9:13 pm

Hi booibooi,

What does that mean ... in English? Like ... for starters ... is it good or bad?
Freedom's just another word for: "Nothing left to lose" (Janis Joplin)
"There is no path to peace, peace IS the path" (Mahatma Ghandi)
"There is no path to freedom, freedom IS the path" (Veronica Chapman)
User avatar
Veronica
Founder
Founder
 
Posts: 4537
Joined: Tue Feb 17, 2009 1:28 pm
Location: Feltham, Sovereign Republic of England

Re: a little help

Postby booibooi » Fri May 22, 2009 9:30 pm

Veronica wrote:Hi booibooi,

What does that mean ... in English? Like ... for starters ... is it good or bad?



Hi V'

Im not 100% sure of how to use it in this case as the dishonour as happened through none payment,

BUT WITH THIS AND THE FRAUD ACT there may be something there for them to stop the foreclosure,

Ive read somewhere and cant think where that on the court date a couple asked to see the origional promissory note held by the bank,and as we all no how cash is created they couldn't produce it,so therefore couldn't repo the house,

Its gotta be worth a rete good looking at rather than letting em take your pants down,

And any contract that has any element of fraud is deemed void!!!!!!!!

Youve gotta question the validity of it all without you having to prove that theres fraud or no loan existed.
''you have to learn the rules of the game.
And then you have to play it better than anyone else''

Albert Einstein
booibooi
 
Posts: 77
Joined: Sun Mar 29, 2009 8:19 pm

Re: a little help

Postby booibooi » Fri May 22, 2009 9:34 pm

47. Dishonour by non-payment.— (1) A bill is dishonoured by non-payment (a) when it is duly presented for payment and payment is refused or cannot be obtained, or (b) when presentment is excused and the bill is overdue and unpaid.
(2) Subject to the provisions of this Act, when a bill is dishonoured by non-payment, an immediate right of recourse against the drawer and indorsers accrues to the holder.


What does this tell you/or does it sound like to you?
''you have to learn the rules of the game.
And then you have to play it better than anyone else''

Albert Einstein
booibooi
 
Posts: 77
Joined: Sun Mar 29, 2009 8:19 pm

Next

Return to Help Wanted

Who is online

Users browsing this forum: No registered users and 1 guest

cron