mortgage repossession court case

[boooo]

i want to reply to halifax solicitors or the bank and tell them they have accepted my offer and they should stop any legal action i need to know how to word it properly any ideas

thanks boo

[smilingalltheway]

boooo when you say halifax solicitors, do you mean their legal department or do you mean outside solicitors (acting on their behalf)?


i don't think you have any obligation to respond to their letter, but it looks like they are trying to make a new offer to you, which i think would be useful to rebut.


outside solicitors, you will need to ask them for a certified copy of deed of assignment / deed of sale do not mention the bank if they are outside solicitors.

below: this is just an idea if they are halifax, not outside solicitors.

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cc: court clerk
copy filed on demand

Dear ...


There is no contraversy as the bank accepts

this offer made,
see copy attached for your reference. (date)(year)

your failure to exhaust avenues where the bank accepts my offer, there is no contraversy and you continue to take court action may be construed as tax fraud. I hope you can avoid this issue.

I trust this clarifies your (or banks name) position on this matter.

If you have any further queries, I will consider correspondence in writing under penalty of perjury.
If you do not have any queries you would like to state in writing under penalty of perjury, i will continue to accept that you are fully satisfied and that any court proceedings are now not necessary and all court action will henceforth be stopped and disharged with immediate effect.

I thank you once again for your concerns, acceptance and acknowledgement of this correspondence.


by: etc etc.




(if you have a receipt of the money accepted, attach a copy of make a jpeg of it, and open it in internet explorer and copy and paste it into the letter)
if not just staple it to copy of official offer and this letter.
you might want to do a stat dec or an affidavit of fact as proof of what you sent etc.
stat dec is public though and this is a private contract between you and the bank so affidavit of fact (check the forum for one) might be better, someone correct me if i'm wrong on this


and you want to put a copy in the court, filed at the court, filed on demand if they refuse to accept it.into the other sides paperwork preferably before any deadlines the court may have for you to file paperwork.

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i would check with the court every few days to see if they've dismissed your case after they receive this. look at lambchops posts regarding a situation he had in relation to court and having his case dismissed re an outside solicitor if thats who they are.


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might be useful if they do dismiss the case, to request it be discharged. give you more time if they come back again for more in 6 months.

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do some more research on mortgages.
perhaps file on demand closer to the day.
then look at what other questions you might want to ask for the future.

you could also recall not signing anything for court, if they do go ahead.
stay as positive as you can, you have 9/10s of the law on your side which is possession.

and an equitable interest too.

if you have receipts of anything to improve the property even if it's things like door locks or anything thats been spent to improve or for the upkeep the property in any way.

if court goes ahead, get ready with prom note

[boooo]

They are outside solicitors called drydenfairfax they have jus merged together I went to there web siteit said they recover money for clients anyone check this out for me .
Also shall i.now deal.with the bank directly or shall I write tothese solicitors according to.your letter
Thanks boo

[smilingalltheway]

whos taking you to court, the solicitors or the bank?


i did a very quick check on them and they don't seem to be part of halifax,


change of tact perhaps

please furnish me with a true copy of a deed of assignment.

look up deed of assignment on the forums and check lambchops posts and bits on this.
and perhaps shorten the official offer update so they can't say anything, but be careful as you might admit you owe something if you engage with the interlopers regarding the official offer.

(for the solicitors above)


and send to the banks the other letter,

what you wrote is confusing cos it's not clear whos taking you to court...

bank of scotland(halifax division)
account details.......
my addresss

who wrote to you, the solicitors fairfaxdryden or the bank?

there should be a postcode or address on their letters to identify who they are...

[itnabit]

i am sending a letter to the bank that as they have accepted my official offer and we are in agreement that they should now stop any legal steps they are going to take against me ,such as the repossesion hearing on the 23 july at blackburn county court sitting at accrington courts what ever that means. are there any template letters available . if they make me go to court can i put every thing in a trust and turn up as a trustee or shall turn up in court and tell the judge that the bank accepted my offer and we are in agreement

from today i am making notes and organising all correspondence sent to the parties involved in a folder
also getting to grips with act and payment methods

is there anywhre were it tells you in wording what acceptence means so i can put it in the letters i need as much info as i can get

thanks boo

Wouldn't you prefer to be the Beneficiary/Executor in Court?

[boooo]

hi guys sorry read your latest post smilinalltheway i had majer wisdomtooth ache and it got infected been to emergency dentist earlier today

right yes looks like the solicitors involved are outside solicitors acting on behalf of bank of scotlandplc(halifax division)

the bit i sent you before was on the solicitors letterheadsa stating there client.account number,and my address

so yes thats was happening, so far i have only sent the official offer to the solicitors and the bank which was on the 05/07/2012 with proof of payment (40.00) reciept which the outside solicitors acting on behalf of the bank replied back on the 09/07/2012 telling me to ring them and discuss with them the matter further

i hope that clear things up bro . i have a hearing on the 23/07/2012 were the outside solicitors have wrote that they have recieved notification that procedings issued on behalf of there client the bank have been listed in blackburn county court sitting at accrington county court ,bradshawgate house,1 oak street, accrington at 11.00

why have they mentioned two diffrent courts from two diffrent towns

[boooo]

sorry inabit read your post to been busy with pain

just posted on earlier to clear stuff up have read and let me now what you guys suggest


sallam allaykum bros

[smilingalltheway]

You have to file the official offer copies with the courts asap.

so check with the courts where the hearing is being held asap so you can file on demand the official offers and mention these were accepted by the bank and a copy sent to the solicitors.

and as such there is no need for a hearing as the offer was fully accepted by the bank.

(now it will look like the solicitors are wasting the courts time and money)


also read the info in the link Ceylon posted as you might find information in there that you may want to also use.

and prepare a promissory note also for more than the full amount oweing. (sometimes there are fees etc for early payments etc which you should take into consideration) perhaps go into the bank casually and ask if someone were to pay your mortgage in full how much would the amount oweing be and would it include all charges.


use a stamp which you cancel on the promissory note as that is the money there.

[boooo]

thanks smiler
i will find out what the full value is bro
will i need the promissery note for the courts incase the hearing still goes or shall i send it to the bank directly

and wen u say put stamps on it are the normal stamp or the ones on the site

[boooo]

yes sorry bro which link was it that ceylon posted and do you no were i can find it