----< 6-year/12-year case called off: has serious implications >---------------
The legal case that many expected would settle the six-year/12-year issue
has been called off.
That could have severe implications for other repossessees, a lawyer claiming to represent the Holmans against Abbey National has said.
She said coverage of the case might not give you all the facts about why it was called off.
According to a posting in the Home Repossession Page's guest book this weekend, Abbey National and the lawyer's customer settled shortly before the case was due to go to the Court of Appeal.
The lawyer claimed that the lender's explanation of the settlement could also have serious implications for customers.
Her message is visible as message number 60 in the Home Repossession Page's guest book.
We suggest you read it.
But note that the email address she has given is incorrect. We'll post the
correct email address at the following URL when we have it:
http://www.home-repo.org/holman/
You can access the guest book to read the original posting from the front
page of the Home Repossession Page at:
http://www.home-repo.org/
Feel free to post your own comments but if you have any questions, we suggest you post them in the site's Q&A section, also accessible from a link on the front page.
----< Repossessee's hopes raised >--------------------------------------------
The National Association of Mortgage Victims (NAMV) is publicising a legal
loophole that might help many customers fend off lenders looking for quick
repossession shortfall profit.
But then again, it might not.
The loophole is the "money order" - a court agreement that you owe the lender cash and that lenders were supposed to seek immediately after they sold your repossessed property.
NAMV claimed in a press release that lenders did not seek money orders after they repossessed and therefore had no right to chase repossessees for shortfalls.
We're not sure what the legal position on money orders is. We've heard conflicting reports, some saying that the loophole is effective; others saying that the courts ignore the lack of a money order now.
If anyone has more information than this, please drop us an email and let us know. If you think you could be affected, please ask your lawyer to check it out - and then drop us an email to let us know. We'll make sure everyone gets the latest news.
In the meantime, NAMV can be contacted at 01889 507394 (Note that is a premium line - NAMV funds its campaigns with the proceeds)
----< Bradford & Bingley's Mortgage Rescue Scheme - experiences >-------------
A Bradford & Bingley customer wants to contact other customers who have used
the society's Mortgage Rescue scheme. He is a little concerned about how much
the scheme is costing him. His posting is at:
http://www.greenspun.com/bboard/q-and-a-fetch-msg.tcl?msg_id=002kpa
----< Questions for the site >-----------------------------------------------
Some people ask us for help by private email. About 90 per cent ask questions
that have already been answered on the site. If you do have questions, please
read the site fully first. Also, this site can only ever be an ancillary to
proper legal advice. Feel free to use it to politely prompt your lawyer about
certain aspects of repossession and mortgage law. But don't rely on it alone.
----< Changes to the web site >-----------------------------------------------
We've updated the Undue Influence legal notes after receiving an update from
the National Association of Citizens Advice Bureaux. The update follows a
change in case law caused by the Barclays Bank v Boulter decision a few weeks
ago. It's in the Repossession section.
[ends]
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