Q: Who is more powerfull? The Law or a mortgage company???? A: Mortgage company!!!
County court judge issued Order of Possession for my property on 26th Oct 09 telling us we must vacate the property on or before the 23rd Nov 09. As we had handed the keys back on the 12th May 09 and vacated, the Court order date of the 26th Oct 09 was the date we considered to be the legal date Northern Rock took back possession.
However, Northern Rock phoned us in Jan 10 and informed us they were applying to the Court again for an eviction order! We later learned that we had eviction order to leave the property by 3rd Feb at midday.
Complete and utter farce so far!!!
Now to confirm that a Mortgage Company is more powerfull than the Law!!
West Lancs council are still chasing me for council tax as they do not accept the Law/Court Order as the date of possession! But will only accept the letter from Northern Rock informing them of their possession on the 3rd Feb !!!!!!
There you go. Mortgage Company more powerfull than the Law !!!!
Thanks Skippy13. I even asked the Council if they would take me to court so that i could make the point to a Judge, but they wont do that, and if im not going to pay they want to pass it on to bailiffs and let me incur further charges!!! OR has been made aware but also received letter from him today informing me he is applying for release as trustee. So not much interest from him at the moment.
I have now emailed the local MP for West Lancs with all the details and asked for her help in resolving this issue. Also copied to OR who has replied asking for more details of C-Tax debt.
In this case then, the council should have awarded the property a Class Q exemption, a property left empty by a bankrupt.
(An unoccupied dwelling is exempt indefinitely where the liable party would be a trustee in bankruptcy. This is the person appointed by a general meeting of the bankrupt person's creditors. The property will probably be sold to raise cash. The property can be furnished or unfurnished to qualify. This exemption can apply to either the bankrupt account or the post bankruptcy account )
and you should NOT be billed for any monies. Some councils seem surprisingly uninformed of this.
This happened to me and I had to fight but I sent the council a copy of my bankruptcy order and I got a refund of the payments that they had insisted I make!
Mortgage company or County Court Judge???
Posted - 24 February 2010 : 18:39:31
