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Response to Repossesion Advice

from David Button (davidjohnbutton@supanet.com)
Firstly, go to the court concerned and tell them what has happened (i.e. you did not know procedings were in progress).

Secondly, go see a good solicitor who specialises in property work and take their advice. I don't know how you will stand on this one - but I reckon if you prove that you left contact details with the mortgagees and they failed to at least draw the legal proceedings to the attention of that contact point, then it is possible the repossession was illegal in which case you will get compensation not only for that, but for the furniture as well. On the other hand, the mortgagees will be seeking to "show" that they thought the property abandoned.

Have you any proof you set up the DD - if so, secure it now - you will need it. It is quite possible your bank may be liable - but surely you realised that the money for the DD was not coming out of your bank?????

Your situation is compounded by the fact that there were arrears on the account before you left travelling but nevertheless you need to start proving what you say - whom did you speak to at the BS, when - have you got a telephone record of your call to them (i.e. itemised bill) The fact that this has worked in the past with letters c/o your parents is in your favour. Here's a good one - is there a copy of the Bank DD in the paperwork from the BS?? If there is, then they obviously got it and it failed to reach the bank - or did it?

Good luck, and please do post back to let us know what advice your solicitor gives and the end result.

(posted 7920 days ago)

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