Can I counterclaim after incorrect repossession?greenspun.com : LUSENET : Repossession : One Thread
I am being pursued for shortfall on a property I had on mortgage from the Britannia. The repossession took place in 1991. The property was rented out, with the knowledge of the Building Society. The tenant disappeared taking everything - kitchen, radiators, bathroom! I informed the Britannia of the situation and also claimed under building insurance but when I sent the builder round the locks had been changed. The house had been repossessed. I received no notice, I believe it was served to me at the property and not my correspondence address. Unfortunately I now have no correspondence in the matter at all. I am being pursued by Hammond Suddards Edge and have just served SARN and asked for copies of documents (as you recommend). If they repossessed incorrectly can I claim against them?
-- Amanda Watkin (email@example.com), April 03, 2001
Amanda, I've just read your question about your 'incorrect' repossession. My flat was also rented out to tenants (I was living in Germany) and I had the verbal agreement of the C&G (unfortunately never got confirmation in writing). Have you obtained a copy of the court order that gave the Britannia the right to repossess? Can you prove that they knew your actual address prior to this date? What is the address stated on the court order? If you can prove that they knew where you lived but didn't inform the court then you may be able to counterclaim using the Human Rights Act 1998 which is supposed to guarantee a fair trial and this extends to civil rights. I have been trying to learn if there are any cases pending which might provide useful precedents but so far I know very little. Have you served your SARN on the Britannia?
-- Mary Contrary (firstname.lastname@example.org), April 18, 2002.