Eviction proceedings due to Merlin loss adjusters non payment to contractor

rich13348

If you were made bankrupty there would have been a bankruptcy hearing and you would have been placed into measures for 5 years are you saying you didn't get any of that either? Also I would have expected you to have been given a backrupcy agent who would have dealt witth you directly.

mastini

nope found out i was bankrupted yesterday,

we did realise that there was an enitial problem regarding out standing funds,

when the builder contacted us several years ago demanding payment we forwarded all correspondence to our loss adjusters merlin, telling them it needed urgent attention and would they please sort it, they assured us it was a communication hick up and that they would deal with it

we had not heard aword since, i realise know that they pursued merlin , and also us, but up until yesterday i had no ideas i was actually a bankrupt, hows that for never having loans

rudekid48, it should have said we did not owe any mortgage, no arreas etc, theirs nothing fishy about this from my perspective, what i have said is factual, believe it or not, we have lost our home, due to legal and general not paying the full re build payment to the builder

no hidden secrets, they did not pay the last aprox 16 grand, also i'm not ashamed of being on a very low income, no benefits ,dole or sod all else, if i had put in for benefits i may have been eligible for legal aid, as it is i'm not, for an afternoons work yesterday, the builders solicitor put in a bill whilst my wife and i sat there, for his afternoons input the princely sum of just over £1800 very nice eh, our crime, our insurance company did not full fill their obligations, hence were know totally homeless,

and my wife and i are not going to the homeless department, we will kip in our vehicle for the next few months untill we see is theres a chance of any equity left

yes we were green and very nieve, and went about things in the total wrong way, hind sight is a great asset, yet all i'm saying on here is check out your insurance company and thank you for the initial advice

mastini

a lso our life savings i mentioned, which rudekid48 readily high lighted was the equity with in our home just over 100 thousand, which they have informed us yesterday will be virtually swallowed up by the know inflated 16 thousand which is know apparently just over 32 thousand with costs and what ever else and expected to considerably rise

the solicitor we spoke to yesterday informed us this morning that he did not want to deal with our case as were know bankrupts,

how rich is that, this particular solicitor deals with fraud etc, which is what he explained to me the scenario was just before our case yesterday, at that point he was willing to take up the case once we had stopped the proceedings for a short while with the 244 form.

like i say no probs, we both realise were up against giant corporations, we have no chance, we have also contacted the guardian as was advised , written to them direct, if anything should give the public in general a good laugth ,

what a pair of prats eh, putting your trust in an insurance company after a terrible fire, they would deal with everything lol, they certainly did

rudekid48 thank you for your skeptical response, we have had the same treatment over the past few years from so called professional in suits dealing with our direct interests , like i say hind sight is a real luxury, so take a bit of our history as hindsight

D_M_E

From what you have written, it looks to me like the insurance company paid Merlin who then instructed the builders to do the work - Merlin then went insolvent and did not then pay the builders.


It seems to me that, as the rebuild contract was between the builders and Merlin, they should not have chased you for payment, they should have chased Merlin for payment and been a creditor of Merlin when they went bust.


Find out when and where your local MP holds surgeries in your area and go and see him/her and complain to them as well and take a written, concise statement of events to hand over and see if they can do anything.


Also try the guys at http://legalbeagles.info/ and see if they can help.

Marktheshark

A solicitor can file an appeal to the high court against the bankruptcy and county court claim and this put it on hold until that appeal.
It the goes to three judges who must follow the law unlike county courts.
You either find one or get ready to move out.

That is your "options"

You have an appeal point based on "indemnity" it is case law based and providing you have the contract of insurance should sort the issue out.
The legal fees can be claimed from the insurance company as part of the appeal as they have acted "outside of good faith and understanding"
You can also ask the solicitor to serve Statutory demand upon the insurance comapny for any and all losses caused by their negligence.

Silk

There seems to be more romance on this thread than a Barbara Cartland novel.


A Loss Adjuster is appointed by the insurance company, as their agent, to keep liabilities to a minimum, they do not work for the insured. The OP could/should have employed a Loss Assessor.


If the building contractor had been appointed by the insurers/Merlin and they were still owed money there is no way they would be able to claim money from the OP unless they had a payment mandate agreed to by the OP that states otherwise.


Even if there was a mandate in place they would not be able to petition for bankruptcy without serving a statutory demand or proving the debt via court order etc etc which of course first requires proof of liability for the debt plus the statement of truth.


Considering the amount of paperwork that has to be sent out, court notices, phone calls, threatening letters and visits from debt collectors etc etc to even get to the stage of making someone bankrupt and seizing property "out of the blue" without them knowing is far fetched to say the least


Then of course there's all the inconsistencies such as mortgage then no mortgage, life savings then no life savings, just been made bankrupt then bankrupted over a year ago, sudden eviction then lost the house over a year ago !!!


All this out of the blue, I don't think so!

ampersand

I think it is fair to say that being articulate and au fait with the finer points of law, loss adjustment and assessment and liability are not mastini's strong points.

He has made statements concerning the limit of his own ability to grasp how any of his current situation leaves him liable.

We can read and infer flare-ups and failures of understanding on both sides because of this. None of this makes mastini dishonest.

The loss of home by fire in 2009 was the start of this layering overlap of events.

Not everybody can demonstrate the forensic calm which is needed to deal with this ongoing and unforeseen fall-out.

A patient and impartial expert with a good clinical brain needs to establish a relevant timeline, deep-read and forensically pinpoint where misunderstandings have occurred and where/how the bankruptcy is connected to this.

Perhaps you can offer your services?
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mastini - You've had good suggestions made for urgent action.

I agree with D_M_E: involve your MP, but you need to check when his/her next Surgery is. As that may not be this weekend, you need to follow all possible avenues already advised tomorrow:

Local newspapers.

Consumer Champions @ The Guardian, or any other broadsheet advice lines.

Legal Beagles.

Keep going back to CAB until an able person is found to help.
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Silk - re: 'without them knowing is far fetched to say the least'
I am aware of bankruptcies that have been declared, unbeknown to the person concerned. It happens much more than Joe Public may think.

If you are indeed a Silk, you can point mastini in the right direction within your professional network. Somehow, I doubt that you are.

If not, why not help? - nearly 6 years of this will wear many people down, especially those who have blindly trusted, believing they've done the right thing.

magpiecottage

I suggest the OP calls the Financial Ombudsman Service TODAY on 0800 023 4 567 or 0300 123 9 123.

The point is not that the legal expenses claim is not being met, it is the consequence of the insurer's agent failing to deal with the costs of the original claim for rebuilding and the consequence of that.

If they explain that, as a result, the have been bankrupted and are due to be evicted next week, there is a chance that FOS will contact L&G direct and seek a more rapid solution.

bigcheese

you have no debts, but you have been made bankrupt ? Legally impossible

Merlin owed the money, but you have been made bankrupt ? Legally impossible

You have/had no contract with builders etc - so they cant force your bankruptcy. You have told us nothing that suggests you have signed anything or have a contract with anyone, or indeed have any debts whatsoever that would lead to your bankruptcy

Who were the creditors that forced the bankruptcy please?

What is the name of the court please?

If you cant answer the last 2 questions , then we have to question the validity of the facts presented here

mastini

do you know we have contacted over 10 solicitors with regards to this whole charade, once they hear that it has been to 2 court hearings their suddenly totally not interested,they dont think they can over rule our particular case ???

just shows you the powers of corporations........

these hearings are just my wife and i and the builders solicitors, today i'm going to try and see my local mp, see what happens down that avenue,

because we have know been branded as bank rupts were looked upon or made to feel like a pair of crimminals by all and sundrie, we have been packing boxs for the last couple of days, i'm amazed just how much crap we have, you suddenly realise when your boxing and no where to store it, it soon adds up,

what a liberty, the focus is that we have been declared bankrupts, not just how we have become bankrupts due to legal and general

it has also come to light that the 16 thousand that we know owe is down to the excess on the rebuild, due to the fire, no one ever mentioned this in anyform of writing to us , on our policy it states £150 excess