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Response to Having trouble with Eagle Star or their Solicitors?? or have they not signed your deeds and repossessing your family home, let me know!!

from Joy Harker (fightingback@harker.go-plus.net)
Hello Nigel! You are indeed a star. Where the Human Rights issue is concerned - have a look the 1st Protocol, Article 1, which states..... 'Every natural or legal person is entitled to the peaceful enjoyment of their possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law... The preceding provisions shall not, however,in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.'

Could that apply in any way to your situation? I'm looking at in my case as the CHELTENHAM &GLOUCESTER B.Soc.refused to supply copies of documents that illustrated the marketing that took place to achieve their claimed 'best price'. The B.Soc. Ombudsman allowed them to with-hold the documents,in the knowledge that I had a right of access to them,thereby breaching his duty of care to me (pigs might fly). I maintain that the under-selling of the property deprived me of my possessions i.e. the balance of monies that would have been available to me if the B.Soc. had behaved in the manner required by the B.Soc Act - in obtaining the best price reasonably available. Thought this might be of interest to you.

With regard to the date of 2?th September, 1989 does that mean that the new law regarding the 'signed deeds' only applies to mortgages taken out from that date and those before that date are not covered by the new law?

Will be following this little gem with great interest. Joy

(posted 8260 days ago)

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