Eviction proceedings due to Merlin loss adjusters non payment to contractor

mastini · 25 June 2015 at 6:57PM

Hi , Our bungalow burnt to the ground in sept 2009, it was a very difficult period as you can probably appreciate,our insurance company appointed Merlin a loss adjusters firm which we know find have gone into receivership, Merlin really dragged their heels once they got the go ahead via legal and general, building work did not actually start for at least 16 months, we were as mentioned insured with legal and general, we moved back into our partially finished home in approx may 2012, we understood that the property was signed off and things behind the scenes via legal and general, loss adjusters Merlin and the contractors was sorted, we arrived home today to find an envelope pinned to our gates, stating that our property has been seized by the courts on behalf of med king a solicitors on behalf of the contractors etc, to say the least my wife and i are devastated as we don't understand any legal jargon and are totally unaware as to why we would be taken to court anyway, along with this legal and general are stating that they no longer have any records of this claim, as its been over 5 years, we have an eviction proceedings date , due to the insurance companies negligence in paying for construction to the property from the original claim, what avenues can we take.

rs65 · 25 June 2015 at 7:12PM

mastini wrote: »

what avenues can we take.

See a lawyer. This isn't a matter for internet advice.

mastini · 25 June 2015 at 8:38PM

we realize that and have rung around everywhere trying to gain advice, this is totally out of the blue, try putting yourselves in our shoes, , were hoping that some one with in the legal system can offer a little more advice than that, were sat here tell we can get through to various companies involved,tomorrow, hope u have a great nights sleep, thanks for the input, we will start again with legal and general seeing as they are the biggest perpetrators/contributers to our problem, were hoping that we can get advice before actually speaking to them direct, as today all they have done is give us the complete run around, we have taken legal cover with in our insurance package, yes!! with legal and general, guess what they state this is a separate claim so won't get involved, how rich, if this is the case and legal and general can just duck out when it suits, especially after they set the ball in motion originally, then what are we all paying insurances for..........

silvercar · 25 June 2015 at 10:21PM

we arrived home today to find an envelope pinned to our gates, stating that our property has been seized by the courts on behalf of med king a solicitors on behalf of the contractors etc

When you say your property has been seized, do you mean your home or items you own?

Something doesn't ring true, are you sure that is a genuine letter? I would have thought that it would have had to have been served on you in person, not just pinned to your gate.

Marktheshark · 25 June 2015 at 10:25PM

Sounds like a hoax to put pressure on you.
You have no contract with the builders.
Contact the court that serves on your area to see if they issued and proceedings against you.
It would have to be against you as you can not sue a house.

eddddy · 26 June 2015 at 10:19AM

Could it be related to a "retention of title" clause in the contractor's contract? i.e. They haven't been paid by the bankrupt loss adjusters for the kitchen units, appliances, bathroom suite, central heating system, building materials etc, so the contractors still own them.

Rather scarily, the Insolvency Service website mentions:

If the insolvent sells the goods or has them manufactured into some other property, the original supplier may acquire ownership of part of the resulting property or proceeds of the sale, but that would depend upon the existence of a fiduciary relationship...

Link: https://www.insolvencydirect.bis.gov.uk/casehelpmanual/R/RetentionOfTitle.htm

Could this mean that the contractor's could acquire part ownership of the house, because their goods have been manufactured into the house?

mastini · 26 June 2015 at 12:57PM

Believe me this is no hoax, we are insured direct via legale and general they refereed to us a company called merlin as loss adjusters to represent us as go betweens , we have had no ideas that merlin have closed down,

Our bungalow burnt to the ground in sept 2009

it took them and the insurance company over a year to even start a re build, but our home has been rebuilt, we have not heard from anyone for very nearly 2 years, then out of the blue we come home to a litter from the courts pinned to our gates.

Notice Of Eviction,

the court has issued a warrant for the possession of the above property (land) at the request of the claimant. this warrant gives a county court bailiff the authority to evict you and hand over possession to the claimant. it then gives the planned date aprox 2 wks and that we should leave the property (land) with your belongings before this date and time, legle and general state that as its over 5 years ago since the fire , that this is know a new claim and nothing to do with them, our legal cover dose not cover us, they also state that as merlin dealt with the original claim its down to them and that all references should be made with them, yet legal and general are our insurance company and merlin liaised with them direct through out here on the premises during the rebuild etc ,

ampersand · 26 June 2015 at 1:01PM

But have you actually rung the issuing Court to ask if it is genuine?

If not, do this immediately.

Also, remove your names and location from your 1st post.
- but check here:

https://citizensadvice.citizensadvice.org.uk/bureau_detail.htm?serialnumber=564226

You need urgent professional help and CAB can at least put up buffers that will hold until you have this.

Please use paragraphs for easier reading.

mastini · 26 June 2015 at 1:02PM

to add insult to injury we have had no correspondence what so ever that their was a problem and that proceedings were actually taking place, our insurance company legal and general have just taken a closed shop attitude, we have called and just get passed around via phone,

Marktheshark · 26 June 2015 at 1:03PM

County Court ?
Well you now call your local county court and demand a copy of the order.
If its a CCJ, it can be appealed.
That stops any action.

mastini · 26 June 2015 at 1:59PM

yes ampersand, we have phoned the courts and it is a genuine court administered letter, wouldn't u think in today's legal society/world they would have at least notified the incriminated party that legal actions/proceedings were being taken against them, and to make things worse we are a part of society that literally dose not even have a penny in the bank to even think of covering any form of legal fees, do we just let them sling us out ??? due to corrupt insurance companies, seems to me that certain circles of life well and truly are on the take and stitch the rest of us well and truly up, there goes a life times mortgage paying in one swift swoop, be warned this could just as easily be anyone of you reading this

Eviction proceedings due to Merlin loss adjusters non payment to contractor

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