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Response to Voluntary repossessed TEN YEARS AGO!!!!!!!!!!!!

from charles twford (charles.twford@lineone.net)
This a very interesting case as ,when you purchased the house ,we ask the Question did the Mortage Company have the same Solicitor.

The second Question is have to you fully checked to see if he was a solicitor ie via the Law Society

The Third part refers to Going to court without Legal Advice did you see a Solicitor then?

If you are claiming Fraud then that sets aside everything but has to be proved first. Lord Denning stated, once Fraud proven undoes everything but has to be proven.

Misrepresention or inducement again has to be proved.

What i am trying to get at in plain English all above are actions that can be taken but have to be proven

Like eg if the Lender and Yourself used the same Lawyer or he was on there Panel ,you need to find out

Nearly all Lenders ask that the Mortgage Deed is signed infront of a solicitor or nowadays many will accept Legal Excs

My the maxim if he was not a solicitor the deed is void and to repossess you must have a valid deed or charge,the charge would be void as the deed would be false

When you went to see i presume another lawyer re your last case ,presuming he was a lawyer ,they should have put forward a defence if the evidence was there and if they did take you on as a client ,then they themselves could be claimed against,

or did you go as litigant in person?

Did you at anytime before the last court hearing put any defence in regarding all this

for one who is silent will not get justice

Did you inform the bank re this evidence you had?

It looks from reading your email that the case went ahead judgement fot the plaintiff and then attachment of earning -which is as many think wrong without a hearing in many cases and the attactment of earnings clerk or the judge set the figure from the figures supplied to a standard rate basis

then then you have to appeal and show the amount you can afford ,which i presume in your case you did and hence the #50 no doubt by suspended order ie you pay the lender yourself not by attachment from your earnings

The above are some of the Questions you need to look further into then go and see another lawyer

wish you well in your case

regards

Charles Twford

(posted 8792 days ago)

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