MY PARTNER ALSO HAD A MORTGAGE FROM BRISTOL AND WEST AND LOST THE HOUSE IN THE 1990S (NOTHINK TO DO WIYH ME)WE ARE BOTH UNEMPLOYED AND THEY HAVE TAKEN US TO COURT AND THE BLOODY JUDGE ALLOWED THEM TO TAKE OUR HOME (6TH JUNE 2003)AND THEY WILL SELL THAT TO RECOVER A DEBT FROM 11 YEARS AGO WE GET NO HELP FROM COUNCIL AS WE DONT HAVE CHILDREN (HE HAS TWO FROM PREVIOUS PARTNER)BUT BECAUSE THEY DONT LIVE WITH US ON A FULL TIME BASIS WE ARE GOING TO BE HOMLESS SO I KNOW HOW YOU FEEL WE ARE APPEALING IN COURT AND PRAY TO GOD WE GET TO KEEP OUR HOME WELL PLEASE KEEP IN TOUCH WITH ME AS WE ALREADY HAVE SOMETHINK IN COMMON ........BRISTOL AND WEST........ GOOD LUCK TO US BOTH EMAIL ME AT EVEY_KEV92@HOTMAIL.COM p.s some one help me im worried sick one one has replied to me

-- yvonne (evey_kev92@hotmail.com), April 10, 2003

Answers

You are both unemployed, so please go and see a solicitor about this quickly - you will be eligible for legal aid, so don't worry about cost.

You need specialist advice in order to further an appeal to it's maximum benefit, and more particulars of the BS claim and what happened at court are not given in your posting, so it is hard for anybody to give you advice without the fullest facts.

First thing Monday - make that appointment to see a local Solicitor!

Secondly, do re-post what happens as it does give hope and comfort sometimes to others in the same position.

Best of luck

-- David J. Button (davidjohnbutton@supanet.com), April 11, 2003.

david....

Well we had letters over the years just your treating ones to go to court if you dont respond. We went to the c.a.b and they said to forget about the letters and dont respond well later on in the year (2001)we were told to go and see a solicitor (Derek McConell former of bobbitts mackan)he went back and forth with bristol and west they said £6,000 pay in final and the end of it,well at that time we didnt have it but a member of family will help us now...

Oct2002 B/West put a charging order on our house for the amount of £56,000 now on april 6th we went to court because they want to sell it and the judge agreed have to be out on the 6th june we will be street homeless we have put in for an appeal and pry to god we will get to keep our home didnt know in the beginning of this case that they may have acted badly and sold house cheap solicitor saked us once we said dont know that was the end of that what i now know through this web site that there could be a good chance of that is it too late to sevre the s.a.r.n on them and seek to see prove of reasonable sale price please respond as we are at a lost and welcome you advice

thank you yvonne

-- yvonne (evey_kev92@hotmail.com), April 11, 2003.

Yvonne,

I agree with David Button, you need a good solicitor now. You could also try Ahmed Butt from the Mary Ward Legal Centre (a sister company to the NAMV I believe). Mr Butt is supposed to be very knowledgeable in the shortfall area. If your property was undersold then probably it's too late to help in a defence as it would be time barred, the limitation period in this case would be six years from sale. However there may be an argument for extending this if the lender didn't contact you for years even though they knew where you lived. Here is some useful info I have from a solicitor.....

"It is not impossible to withdraw an admission - remember the Bird v Birds Eye Walls Ltd and Gale v Superdrug, there is also something on the Home repo site (http://www.home-repo.org/reposses/admitted.htm).

In any event, if it looks as if no further settlement is possible, I think it essential that the lender is asked for full proof of the debt - quote CRP Part 1 - the overriding objective and the preaction protocol Practice Direction."

Yvonne I would SARN the lender if they don't co-operate, you never know what you might find. I am not a legal professional so please check all this with one. Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), April 24, 2003.

You certaintly need to SARN the lender, I too am in conflict with B&W and thet are very slapdash on the paperwork side of things. My SARN turned up loads of irregularities. ie the use of an Estate Agent now bankrupt, who was illegally trading and falsely charging VAT when not even Registered for VAT. YOu never Know what your SARN might turn up, so spend a tenner as it might be the best tenner you have ever spent.

PS. I now have a specialist shortfall solicitor handling things for me.

Good Luck Dean.

-- Dean (Kumitewin@aol.com), April 24, 2003.