Successful cases against wrongful repossession?greenspun.com : LUSENET : Repossession : One Thread
Is anyone aware of any successful cases/claims against a lender for wrongful repossession?
In my case, Lender was aware of my address and had communicated to me there. Property was let to a tenant and lender was aware of this. Repossession order etc served at the property not to my correspondence address. The tenant absconded and the property trashed (everything including bath and CH!). I put a proposal forward that mortgage repayments could commence once repairs had been completed (I'd had a part payment off buildings insurance towards this)and gave them the option that I would hand the keys back if they were not in agreement with this. I heard nothing but they repossessed the property, addressing all correspondence, and visits, to the address of the property and not to where previous correspondence had been sent. I believe I have a counterclaim against their current claim for shortfall.
Any advice gratefully appreciated.
-- Amanda Watkin (firstname.lastname@example.org), July 18, 2001
Yes. This is too complex for the site to handle and you really need to go and see a good firm of solicitors. I'd personally avoid Eversheds, DLA, Warner Smith Branston or whatever, Davis and Co, any of the repo-sharks referred to elsewhere on the page. In my experience - and I know these firms well - they don't represent the little guys very well (or the big boys, come to think of it). They'd all take your doss and not see a conflict of interest that they generally acted for the repossessors in this sort of dispute. Go to a large provincial firm with a property department that goes beyond conveyancing.
-- (email@example.com), August 14, 2001.
This is almost exactly what happened to us in 1995. We moved abroad and let our home with the approval of the bank. The bank was well aware of our address. We received regular routine correspondence from them in the form of bank statements etc. Then one day the rental agency called us to say that the tennants had done a midnight flit and that our house had been taken back by the bank and had been put on the market. The reason being that we had an overdraft with them and they had decided to called it in. The house was eventually sold for a couple of thousand below the market value. I categorically received no summons or other notice of a county court hearing and no notice of the judgement, until the agency called. Basically the shame of the whole thing prevented us from trying to do anything about it. However, we have now returned to the UK and I feel that there is a score to settle. We feel that we were treated in a very underhand way and not given a proper chance to sort out the problem. What can realistically be done?
-- Steven Jones (firstname.lastname@example.org), September 20, 2001.
Start by getting all your documentation together. Then go and see a good property solicitor.
-- (email@example.com), September 21, 2001.
Sorry..looking at the sight I see others repssessed without contact at their living address by Abbey National. Was there any positive feedback on this. Thanks
-- christine morgan (Christine@Etchells.com), January 13, 2002.