NHL/Paragon Court Trial-HELP!greenspun.com : LUSENET : Repossession : One Thread
Heres the outline of my case i would be grateful for any help whatever it may be;
My ex Husband and I took out a loan for £85000 in Jan/Feb 1990 with NHL, NHL corresponded solely with my ex husband, about the loan and the property was reposessed in about Jul 1994. NHL contacted me in Jan 2000 looking for approx £ 100000. "the property" had been sold for £66000 and my ex husband had made repayments of approx £20000.
The independent financial adviser, who setup the loan and was dealing only with my husband appears to have been dismissed from his previous position for misbehaving in some property deals, but I have been unable to contact him or establish if he was a NHL agent. The loan was taken out on the basis that we were living in "the property" I was not. When the loan was taken out I am sure that the financial advisor was aware of this. My ex husband was both mentally and physically abusive to me and had seen a pychiatrist for 6 months prior to our divorce. I was very frighented of him and only signed the papers to protect myself. He constantly threatened me and also threatened that he would not transfer my present property over to me if I did not do as he wished.
I have been seeing and speaking with a solictor and barrister and we are due to go to trial this coming monday. The lowest figure NHL are prepared to accept is £25000 + £ 5000 legal fees. Both my barrister and solictor feel we should settle and rate the case as 50-50 if we go to trial.
I would be grateful for any response.
-- Anne Thomas (email@example.com), January 07, 2003
Read the dos and donts section on this site, you may be able to stop the trial by using some of the ploys contained in this section. You could argue that you signed the papers under duress and that the original setup of the load was fraudulent.
-- John (firstname.lastname@example.org), January 08, 2003.
Tried to reply to you directly but your e mail address isn't right......pls advise correct e mail address.
-- hanging in there! (Anderston828@aol.com), January 08, 2003.
sorry i have just discovered that the incorrect e mail address is down for me. the correct address should be
Sorry for the error and thank you to those who have already posted a response, your help is much appreciated Anne
-- anne thomas (email@example.com), January 08, 2003.
Hope my personal email helped you (if you are the same person). I will display the case on site in case you never got it.
You need to look at: Barclays Bank v O'Brien (enter this on www.ask.co.uk to bring up details)
I have studied this case and am supprised you legal team did not know this, anyway I have it over to you.
Another case (in Commonwealth courts - Canada) using this ruling was COURT OF APPEAL FOR ONTARIO McMURTRY C.J.O., OSBORNE and FELDMAN JJ.A. B E T W E E N : ) ) Joshua J. Siegel BANK OF MONTREAL ) for the appellant ) Appellant ) ) - and - ) Geoffrey T. Mullin ) for the respondent CAROL DUGUID ) ) Respondent ) ) Heard: November 30, 1998 ) This will back it up too.
Best of luck and keep me posted
-- Geoff Winters (Geofffirstname.lastname@example.org), January 10, 2003.
you could also query whether NHL still own the loan. they and a number of other mortgage lenders finance their lending by selling their loans to captive finance companies (which fund themselves in the capital markets). if NHL/Paragon no longer owns the loan then, although it might still retain bare legal title, it is for the loan's beneficial owner/transferee to take proceedings - a pain in the proverbial as these captives are inflexible beasts. if there is a captive and you find out its name, the next thing is to contact it and use any defences/ counterclaims you may have against it as well as NHL. of course, if NHL has not transferred the loan then this is all academic. good luck.
-- Derek A Duval (email@example.com), January 16, 2003.