Wrongful default prevents house purchase? £8000 to £100000+ damages now available

ianmr65

Rico6.9 wrote: »

I have brought the appeal to ensure that this ruling IS relevant in English courts. I also stand to win a larger sum that will help buy a house similar to one that I had missed out on.

The bank has already lost. They didn't offer anything. The doors are open.

Enjoy.

The scottish courts have no jurisdiction over the english courts, till you get to the house of lords. The legal systems are entirely seperate. If it's gone to appeal the decison could go either way, and the decision of the first court can be overturned regardless of who appeals.

The scottish courts website - has a searchable database, tho i'm really confused by scottish law, the court that i think should be hearing your appeal is the court of session - inner court - perhaps you could point us to the direction of the hearing file, and the original case judgement.

http://www.scotcourts.gov.uk/index.asp


NB really I agree with bloo loo... sounds like you are living on fantasy island mate - though i'm prepared to be persuaded, if you point to the judgements ect

Rico6.9

http://www.scotcourts.gov.uk/opinions/a187_04.html

This isn't a wind up. It's taken 9 years so far. Ratification by the inner house at Edinburgh will be enough to ensure the law is followed in England.

I wasn't desperate enough for a sub prime mortgage. If I hadn't had the default I would easily have obtained an ordinary mortgage.

I shouldn't have had the default. My appeal will make it difficult for the bank to default others. About time.

m00m00

interesting HFC bank tried to register a default against me, through one of their mistakes, and I got it removed from the records by threatening similar court action some years ago. It never actually reached the court stage though

Rico6.9

In my experience the notice of correction makes no difference!

If anything it makes matters worse!

I suspect now that a simple threat to sue will have an incorrect default removed quickly.

Rico6.9

I'm glad to hear the theory works. Very happy indeed. Thanks m00m00. Nice one

BLOO_LOO_2

Rico6.9 wrote: »

I'm glad to hear the theory works. Very happy indeed. Thanks m00m00. Nice one

having read the judgement, 100% apologies for doubting.

They have been stupid sods and deserve all that you are going to give them.

Humbly,,,, Bloo Loo

Hippocampus

BLOO_LOO wrote: »

sounds like a wind up to me. If you have a default on your credit record, you can ask to have a note applied to it if it is in dispute.

Oh aye. THAT's worth doing. Because a lender is most certainly going to pay attention to a dispute notice.

Where's the sarcasm emoticon?????

Hippocampus

BLOO_LOO wrote: »

Not only that, but it seems banks didnt give a monkeys cuss about 1 strike on a credit record until the crunch started. You would merely have got a sub prime mortgage.

"MERELY" a sub prime mortgage. Oh, aye. That's the right option isn't it? To tie yourself in to an extortionate interest rate for 25 years. Nice one Sherlock. :T

I STILL can't find the sarcasm emoticon.

m00m00

this story is excellent news, particularly the way mobile phone companies have been throwing wrongful defaults around like confetti in the past few years.

ianmr65

Rico6.9 wrote: »

http://www.scotcourts.gov.uk/opinions/a187_04.html

This isn't a wind up. It's taken 9 years so far. Ratification by the inner house at Edinburgh will be enough to ensure the law is followed in England.

I wasn't desperate enough for a sub prime mortgage. If I hadn't had the default I would easily have obtained an ordinary mortgage.

I shouldn't have had the default. My appeal will make it difficult for the bank to default others. About time.

Fair play to you!!... and i salute your persistance, being as inner house appeals is to the house of lords, i bow to your knowledge that this will stand as case law in english courts.

This will also have massive implications for the credit reference agencies. As am incorrect credit record that results in refusal of credit, will able to be remedied for consequential damages. Should make equifax and experian sit up and take notice.

Tho not sure if this is going to help the credit crunch much

Good luck with the appeal, and well done mate.