!!!!!! turpin wore a mask !!!!

rev_pinky

could somebody please help me with some advice regarding what a bank is allowed to do when a home is repossessed. i lost my home when i could no longer afford to pay my mortgage following the rather messy breakup of my marriage and consequent court battles, i also lost my job but was in the process of becoming self employed through a government scheme.
at my home i had a free standing workshop that housed my tools and also gave me the ability to try and start my own business in the motor trade. when the bailiffs came to take possession of the house i advised them that i was to take the workshop and contents with me but as i had no where to go i advised the estate agents of this and they gave me a grace period to find accomadation, they told me i didnt have to remove my workshop and tools until the property was sold but after about 3 weeks i tried to collect my belongings only to be told i could not take the workshop as it was part of the fixtures and fittings and had been marketed with the house. the free standing building was built by myself, was not on the deeds of the property and was not fixed to the ground. removing it would not cause any disruption to the house whatsoever. without this structure i had no where to store my tools valued at well over £10,000 and no where to start my business.
i tried for over 8 months to retrieve my belongings but the bank kept up with blaming the company that dealt with the marketing and the marketing company blaimed the bank until i recieved a letter saying that the property had been sold along with the workshop and ALL of my belongings when i tried again to find out what was going on i was told to take the new owner to court to claim for my own property !!!!!!!!!!
i now have no workshop, have lost tools worth a lot of money, other personal belongings that were stored and the ability to start my business, basically the bank has enied me the ability to repay the debt owing to them.
please bare in mind i was and still am fighting through the courts in relation to my marriage breakup, custody of my children (which i lost when i lost the house) and i was diognosed with reactive depression many years ago so this is not helping, i have contacted the ombudsman and i do have a case but it is going to take at least six months for them to do anything.
PLEASE HELP
thanks phil

ethank

The best advice would have been to remove your items from the property prior to repossession. Shelter say 'If you don't remove your belongings, they will be left locked inside the property. You will need to make arrangements with your lender or freeholder to collect them later. You will normally have to remove everything within a short period of time, for example, two weeks. If you don't do this and don't make other arrangements, your lender or freeholder may dispose of your belongings.'


You will have to take a claim to recover any value of the belongings, but if you still owe the lender money, any claim in a court is likely to fail.

chambta

Sadly it seems you were badly advised very early on in this.

magpiecottage

A mortgagee in possession still has a duty of care to the borrower to allow them access to recover property.

Whilst I doubt that you would be able to claim for the shed - which is part of the buildings, you do seem to have a valid complaint for the loss of your tools - and possibly the consequential loss of earnings.

I would complain to the lender and, if necessary, to FOS.

rev_pinky

thankyou for your replies and i appreciate i should have removed my belongings prior to eviction but i had attempted to gain accomadation without luck and was in court the day before to ask for a further 14 days to allow me to move the workshop but again i was steamrolled by the bank and the judge so basically i had 6 hours to get out.
now the legal definition of fixtures and fittings describes a fixture as being an item or structure that cannot be removed without damage to the structure ie conservatory or central heating system BUT a fitting as an item or structure NOT physically part of the building, NOT fastened to the ground and the removal will not cause detriment to the building structure ie flower bed or garden shed now my workshop falls into the second category no matter what size it is so how can the agent market this as part of the house ? and sell its contents ? without the workshop i had nowhere to keep my tools as there were quite alot of sizeable items

John1993_2

Your posts are very hard to read. Can you please use paragraps, as otherwise a lot of people (me included) give up before getting to the point where we can offer help.

rev_pinky

Forgive me for my lack of thought and punctuation but when I posted my thread I was of the opinion that this was a site dedicated to helping people with financial problems.

Please, in the future could you keep your personal observations to instant message response and not the public forum.

I hope my paragraps are correct.

Let_Us_See

RV a little consideration for people you are requesting to help goes a long way....see you do undertsand full stops and paragraphs.

dunstonh

rev_pinky wrote: »

Forgive me for my lack of thought and punctuation but when I posted my thread I was of the opinion that this was a site dedicated to helping people with financial problems.

Please, in the future could you keep your personal observations to instant message response and not the public forum.

I hope my paragraps are correct.

To be fair, the request to make your posts easier to read was valid. I started to read but gave up and decided not to reply. Given the lack of responses to your post, it is fair to assume that others have felt the same way. Although your thread title possibly also didnt help.

If you go back and edit your first post, you may find more responses. Editing the thread title to be something more sensible could help too.

rev_pinky

when i came across this site i thought maybe i could gain some form of help from like minded individuals, i never expected more replies regarding my grammer and puncuation.
there is a valid reason for my lack of education and i certainly do not need to be judged on a public forum. perhaps a little understanding may help some of you but until then i`m afraid i will look elsewhere for help.

cte1111

Original post from Phil:

Could somebody please help me with some advice regarding what a bank is allowed to do when a home is repossessed.

I lost my home when i could no longer afford to pay my mortgage following the rather messy breakup of my marriage and consequent court battles, i also lost my job but was in the process of becoming self employed through a government scheme.

At my home i had a free standing workshop that housed my tools and also gave me the ability to try and start my own business in the motor trade.

When the bailiffs came to take possession of the house i advised them that i was to take the workshop and contents with me but as i had no where to go i advised the estate agents of this and they gave me a grace period to find accomadation.

They told me i didnt have to remove my workshop and tools until the property was sold. After about 3 weeks i tried to collect my belongings only to be told i could not take the workshop as it was part of the fixtures and fittings and had been marketed with the house.

The free standing building was built by myself, was not on the deeds of the property and was not fixed to the ground. Removing it would not cause any disruption to the house whatsoever.

Without this structure i had no where to store my tools valued at well over £10,000 and no where to start my business.

I tried for over 8 months to retrieve my belongings but the bank kept up with blaming the company that dealt with the marketing and the marketing company blaimed the bank until i recieved a letter saying that the property had been sold along with the workshop and ALL of my belongings

When i tried again to find out what was going on i was told to take the new owner to court to claim for my own property !!!!!!!!!!

I now have no workshop, have lost tools worth a lot of money, other personal belongings that were stored and the ability to start my business, basically the bank has denied me the ability to repay the debt owing to them.

Please bare in mind i was and still am fighting through the courts in relation to my marriage breakup, custody of my children (which i lost when i lost the house) and i was diognosed with reactive depression many years ago so this is not helping,

I have contacted the ombudsman and i do have a case but it is going to take at least six months for them to do anything.

PLEASE HELP
thanks phil

Not criticising, just making it more readable.