Eviction proceedings due to Merlin loss adjusters non payment to contractor

mastini

i can tell u silk, that this scenario is totally non fabricated, the eviction order is in fact totally out of the blue, yes the builder asked for the original funds direct, we obviously though a mistake had been made and past it onto merlins, along with any other correspondence

seriously believing this scenario would be resolved via legal and general amicably, we did not have a clue with regards to how to go about a rebuild or how to deal with the other details, which is why when legal and general appointed us a loss adjuster who stated that they would deal with absolutely every detail on behalf of us and legal and general and thinking honestly that legal and general had sent these individuals/merlin,

it dose not matter just how unbelievable you may think this scenario is, or just how much legal laws are allowed to go, we have just completely lost our home, through no faults of our own, other than being thick and stupid and not reacting from day one, leaving it to individuals whom have been supposedly appointed to act upon yours and legal and generals best of interest,

do you realize just how traumatic it is when you come home and your home is a complete ash tray, firemen are sifting through the flames as you all think a member of your family is still in there, just how shocked you are when they have gone and you and your family have sat and slept for approx 3 days in your car, no out side help or intervention,

you are suddenly treated like 2nd class citizens once the re build is allocated ,which takes aprox 19 mths to even start, at this point your actually living beside the burnt out remains, living in a run down static caravan that YOU would not even keep a dog in, no sanitary conditions, hot or running water, heating, treated like animals,

i stated that i had made a spelling mistake above, this whole case was NOT because any mortgage was owed, we did not owe mortgage, our whole lifes investment our lifes savings, our life savings were tied up in our home, to one day sell and live in a caravan somewhere warm, what an aspiration eh, we all have dreams no matter just how crap

There seems to be more romance on this thread than a Barbara Cartland nove, this may seem so to you silk, lets hope that one day you are never put in a similar situation, where as you are held responsible to the complete gross incompetence that you would not associated with real professionals, nice statement though,i would have maybe smiled, even cracked a laugth, if it had not been my wife and i that were actually living the scenario, like i say, i'm going to try and speak to my mp, i will keep you up dated, it will give you doubters something to tear at,

whilst my wife and i are carrying our belongings out into the street, as i can not be bothered to face the baliffs or court officials that will attend our property on this coming Tuesday, save us the final indignity

no one has even had the decency to let us know just how the hell their keep us up date once our home is sold, you should beware of our scenario, which is why i have kept you up dated,

this has become a total tangled mess, we realize that, we did think that it would be resolved via the insurance companys, we realize that leaving our home interests in out side hands is stupid naive and very green now, but remember this, the onus is not on my stupidity of dealing with a legal situation which has finally ended up with me personally being branded as a bank rupt, not realizing that the demands for payment were actually focused at us direct, just because these correspondences were in our names,

we actually thought and still do, that the monies owed were owed via our insurance company and not us direct, we have been dragged through the coals for this , but know that is totally unrelevant as far as the courts are concerned, we owe the builder not the insurance company, we are paying the price

we also posted a long letter to the guardian out lineing our senario, to virtually every email on there page, guess what, not one reply, not tastier enougth i suppose

DCFC79

D_M_E wrote: »

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.

This is what I was just thinking.

mastini

hi big cheese, the creditors were the builders, do u want their names on here , the court was bournemouth court, as mentioned any legal letters that were directed us in demand for the cash owed were given or posted direct to merlins the loss adjusters, each time we mentioned any demands from the builders around the time we were just moving back into our property, the loss adjusters just shrugged it off and stated not to worry they would deal with it, they had delt with every step of the way,

DCFC79

OP you say you contacted the ombudsman and other options, did you get a response ?
When was it you contacted them, need to give them time to respond also I take it you complained to L&G, did you give them 8 weeks ?

You also you wrote to the Guardian, who at the guardian did you contact ?

mastini

hi DCFC79 that is our direct feelings too, yet the court is totally not interested, know that i have become a bankrupted scape goat, the onus is on my wife and i paying it direct, the insurance companies are no longer in any part of this legal senario, we can not get a solicitor to act after spending 2 days on the phone as judgement has been made, were at our witts end and i have to leave this for know, only have a few days to get my stuff out of here my garage, workshop and kennels so i will leave you guys to ponders this, i'm in no way a crack pot or stupid, we just did not realise any of the implications, but we do know, i suppose its gonna really hit us this time next week

DCFC79

mastini wrote: »

hi DCFC79 that is our direct feelings too, yet the court is totally not interested, know that i have become a bankrupted scape goat, the onus is on my wife and i paying it direct, the insurance companies are no longer in any part of this legal senario, we can not get a solicitor to act after spending 2 days on the phone as judgement has been made, were at our witts end and i have to leave this for know, only have a few days to get my stuff out of here my garage, workshop and kennels so i will leave you guys to ponders this, i'm in no way a crack pot or stupid, we just did not realise any of the implications, but we do know, i suppose its gonna really hit us this time next week

I'm surprised the insurers put you up in a caravan, was this your choice or insurers ?

ampersand

mastini - when I read this 'we also posted a long letter to the guardian out lineing our senario, to virtually every email on there page, guess what, not one reply, not tastier enougth i suppose'

-that is NOT in line with the advice given. Did you ring the no. I gave?

020 7938 6000

Doesn't seem like it.

You need to let someone else be your mouthpiece as you are too close to everything that has happened and, even when writing from the heart and experience, you are not helping yourself.

So, ring 020 7938 6000

Please do as you are asked. Your letter to The Guardian, especially hitting all their departments, scatter gun rather than targeted, probably came across as a long block of text spam.

I realise your immediate comeback may be 'It's alright for you/them. They aren't the ones being evicted on Tuesday/who have lost everything/made bankrupt' etc.etc.
BUT we are trying to help you, mastini.

Accurate writing, grammar, argument+evidence, logged phone call diary, sceenshots of ems; this is the ammunition that an experienced advocate/investigator needs to help you. The right person/people will be your own bloodhounds.

Presentation isn't your strength. That doesn't matter when you put all of the above para, in bold, into the correct hands.

Silk

ampersand wrote: »

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.

That is true it does happen but I've only ever seen it where the bankrupt has changed addresses without notification.....not the case here as the OP moved back into the house 2012 and been happy there till now it seems.


The OR/Practitioner will have served notices to HMRC, bailiffs, Courts, Land registry etc etc Enquiries made to banks, building societies, insurance companies etc


Failure to comply would usually mean a court appearance and a warrant issued if not.


As before, there will have been countless items of correspondence from up to and way past the bankruptcy stage and to claim this is "out of the blue" is a non starter IMO.


Merlin lost the contract with L&G around May 2012 (when the OP claims to have moved back in) because of which Merlin went into administration in Aug 2012.
Any open claims at the time from L&G were recovered and transferred to other Loss adjusters. Notices were sent out to those clients at the time.


It would not be possible to pass back any demands/legal documents or liaise with Merlin after that time other than with the Administrators BDO LLP up to dissolution.
The company was finally dissolved around May 2013.


It's going to take a lot of imagination for someone believe any of this has come "out of the blue" with a smattering of understanding of procedures .... even for a Guardian reader

D_M_E

Silk - I think one of the key things here is that the OP states that all correspondence was sent unopened to the loss adjusters who didn't seem all that bothered, and continued to give the OP "we'll deal with it" type responses.


I also think that the OP should complain to the courts and the Justice Secretary as, from reading through, it would appear that the judge in the eviction case refused to hear the OP's arguments, or consider the n244 form submission - possible further grounds for appeal? - and bring this up if/when they manage to see their MP.

ampersand

Silk - 'even for a Guardian reader'

Your litle dig is unworthy, says more about you than me.
This is about mastini's dire situation and failure to have any case for redress or stay heard.
Let's just stick to trying to guide and help.