Bassplayer
Well-Known Member
I guess you will be able to sleep at night now.... Good luck to you!
My boat has been repossessed and I've also been handed the mortgage to pay
- Thread starter duncan1859
- Start date
duncan
Well-Known Member
glad you have got this far - and would understand it if you mentally settled here.
still slightly in the grey over the status of the boat itself?
still slightly in the grey over the status of the boat itself?
PaulGooch
Well-Known Member
I'm also curious as to the outcome of the boats ownership.
Also, as it seems that the banks solicitors mislead the courts, i'd be looking into a claim against them for damages. Would it be unreasonable to expect them to pay the legal costs of your case ? After all, had they have made the court aware of the letter, there wouldn't have been a case to answer.
Also, as it seems that the banks solicitors mislead the courts, i'd be looking into a claim against them for damages. Would it be unreasonable to expect them to pay the legal costs of your case ? After all, had they have made the court aware of the letter, there wouldn't have been a case to answer.
jfm
Well-Known Member
Thanks for the update Duncan and great result. A few thoughts:
1. Though you have the comfort of knowing the borrower's debt is not being assigned to you, it never was going to be anyway
All that could ever have happend to you is loss of the boat
2. For those who are asking about the boat, I think the answer is that the bank cannot now seize it as security, becuase it is a CCA loan
3. Duncan, you should get your solicitors to make an immediate applic to the court for a costs ruling, asking that all your legal costs be paid by the bank. You are on strong ground, and thr bsnks lawyers mess up with your defence letter will as you say make them reluctant to be called before a judge. Press on with the costs application asap and make it big
4. Duncan thanks for clearing up something that has been bothering me. Earlier in this thread what you wrote made it clear the court had dealt with you as if you had filed no defence. Yet you said you had written to the court. I couldn't marry those two things up, though didn't ask as it would have been a bit thread drifty. Anyway, you've explained it all now, thanks
5. Interesting to note the bank's lawyers were principally relying on Shizelle, and not anyhting stronger. That's quite clutch-at-straws stuff for them. I mean, Shizelle does not give banks carte blanche precedent to seize boats - the bank actually lost to a considerable degree in the shizelle case
Good result anyway, and interesting precedent. Would you mind quoting the court reference on here so others can find it easily as a precedent, should they ever need to?
1. Though you have the comfort of knowing the borrower's debt is not being assigned to you, it never was going to be anyway
All that could ever have happend to you is loss of the boat2. For those who are asking about the boat, I think the answer is that the bank cannot now seize it as security, becuase it is a CCA loan
3. Duncan, you should get your solicitors to make an immediate applic to the court for a costs ruling, asking that all your legal costs be paid by the bank. You are on strong ground, and thr bsnks lawyers mess up with your defence letter will as you say make them reluctant to be called before a judge. Press on with the costs application asap and make it big
4. Duncan thanks for clearing up something that has been bothering me. Earlier in this thread what you wrote made it clear the court had dealt with you as if you had filed no defence. Yet you said you had written to the court. I couldn't marry those two things up, though didn't ask as it would have been a bit thread drifty. Anyway, you've explained it all now, thanks
5. Interesting to note the bank's lawyers were principally relying on Shizelle, and not anyhting stronger. That's quite clutch-at-straws stuff for them. I mean, Shizelle does not give banks carte blanche precedent to seize boats - the bank actually lost to a considerable degree in the shizelle case
Good result anyway, and interesting precedent. Would you mind quoting the court reference on here so others can find it easily as a precedent, should they ever need to?
jfm
Well-Known Member
Like it or not, you have no claim in damages. The correct thing to do (and it kinda amounts to the same thing, and it's much simpler) is now make a costs applic to the court and ask the court to order that your (Duncan's) legal fees be paid by the bank. I'd expect Duncan's lawyers are now onto this! Duncan, throw in the kitchen sink. All your travel, every last postage stamp, everything.
PaulGooch
Well-Known Member
Poor choice of wording, when i said "damages" i meant claim the costs from the bank.
GTom
Well-Known Member
How did the story end? Managed to keep the boat?
longjohnsilver
Well-Known Member
OPs last post was also his last registered activity here, so I guess we'll never know.
