UK - Tom Crawford Calls For Help

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vampireLOREN
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Re: UK - Tom Crawford Calls For Help

Post by vampireLOREN »

PeanutGallery wrote:I'm waiting for the thread to appear on GOODF I imagine it will be titled, "Tom Crawford wins court batle!!!!!!!!!!" (edited Bertie just posted basically the same only spelled correctly I thought it might be put up by Ceylon (hence the use of exclamation marks)) and go on to educate how being refused permission to appeal a decision made in court, that you would be evicted, means that now you won't, even though the court has just told you that it's not going to change it's mind, which means the original decision stands.

Tom you didn't get permission to bring your claim that the mortgage was fraudulent, the court has looked at it and said it wasn't. Bradford and Bingley did you a favour by not asking for costs (I mean it's not much of a favour because you already owe more than your property is worth) but at least they didn't heap more debt onto you.

This is what is going to go down. B & B will apply for a new warrant, they will ask for the matter to be expedited to the High Court or for a no notice warrant, they will cite the eviction protests as a compelling reason for you not to be told when you will be evicted.

They will turn up, most likely when you've gone out to go to the shops or take Sue somewhere nice and move in. The first thing they will do is change the locks and then start tinning up the property. You'll come home, probably when this is half way through and try to force your way back in, but you won't get in. You'll call up your Sovrun mates, but they'll do exactly the same as when Lee got his boat lifted, they'll video and talk and spout off about the law but they won't change the reality.

You'll find yourself homeless for the first night, unless someone you know puts you up. Then you'll have to argue with the council about why you deserve a property. Maybe the press will be there and document how you are now living rough. Maybe you'll get a place in a cheap B&B to tide you over. The council may help, although they may not because lets face it you brought this on yourself.

You'll continue to blame the banks and will probably hold a grudge against them till your dying day, but the person you have to blame for your position is yourself Tom. When this started you were ahead, your property was worth a lot more than the mortgage and you could have made out quite well. But now you won't.
And here endeth the lessen....... :violin:
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Re: UK - Tom Crawford Calls For Help

Post by rumpelstilzchen »

It doesn't occur to the GOOFs that the reason the other side didn't want to turn up is because they have got what they wanted and did not want to waste any more time or any more money. True to form the GOOFs turn their no-show into a conspiracy theory.
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Re: UK - Tom Crawford Calls For Help

Post by wanglepin »

fat frank wrote:so let me get this straight..... they are classing that as a success
In a nutshell. Yes
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Re: UK - Tom Crawford Calls For Help

Post by PeanutGallery »

rumpelstilzchen wrote:It doesn't occur to the GOOFs that the reason the other side didn't want to turn up is because they have got what they wanted and did not want to waste any more time or any more money. True to form the GOOFs turn their no-show into a conspiracy theory.
Why look for the truth when you can imagine something more palatable.
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Re: UK - Tom Crawford Calls For Help

Post by guilty »

Bones wrote:On the subject of an application for costs.
I thought in possession cases the bank do not apply for an order for costs as the t&c's include a clause that the borrower agrees that costs incurred can be added to the amount owed.
The Law Society says:
Lenders do not normally seek orders for costs against borrowers in mortgage possession claims. This is because most mortgage deeds contain a clause stating that the borrower will indemnify the lender against all costs incurred in enforcing the security. It is advantageous for lenders to rely on this contractual provision because courts usually award costs on the standard basis, either by adding them to the security or making no order for costs. The standard provision that there should be a summary assessment of costs after a hearing lasting less than a day does not apply to mortgage possession cases, according to PD 44, paragraph 13.3
.
http://www.lawsociety.org.uk/support-se ... on-claims/
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Re: UK - Tom Crawford Calls For Help

Post by rumpelstilzchen »

Is there the possibility that the reason they are calling it a success is because they don't actually understand what has happened? Or is it just more spin?
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Re: UK - Tom Crawford Calls For Help

Post by wanglepin »

rumpelstilzchen wrote:Is there the possibility that the reason they are calling it a success is because they don't actually understand what has happened? Or is it just more spin?
Going by their track record I would say it was both.That said, I am no lawyer but there is always Freeman Legal Services, maybe they can help.
Last edited by wanglepin on Thu May 14, 2015 12:39 pm, edited 1 time in total.
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Re: UK - Tom Crawford Calls For Help

Post by rumpelstilzchen »

I think I have got the answer to my question. marukee has just posted this:
Great news.
All the best to Tom and his family
:haha:
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Re: UK - Tom Crawford Calls For Help

Post by wanglepin »

rumpelstilzchen wrote:I think I have got the answer to my question. marukee has just posted this:
Great news.
All the best to Tom and his family
:haha:
Fkn priceless. :haha:
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Re: UK - Tom Crawford Calls For Help

Post by fat frank »

I am not a lawyer, but If that was me, I would be expecting them to apply for a new warrant of eviction, any time
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Re: UK - Tom Crawford Calls For Help

Post by wanglepin »

PeanutGallery wrote:I'm waiting for the thread to appear on GOODF I imagine it will be titled, "Tom Crawford wins court batle!!!!!!!!!!" (edited Bertie just posted basically the same only spelled correctly I thought it might be put up by Ceylon (hence the use of exclamation marks))
you wrote too soon Peanut
Tom & Sue's VICTORY EXPLAINED!!!!!!!!!
Postby ceylon » Thu May 14, 2015 1:40 pm
http://www.getoutofdebtfree.org/forum/v ... VSY8TTF98E
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Re: UK - Tom Crawford Calls For Help

Post by Bones »

Where is it EXPLAINED!!!!!!!!!

The judge refused the application to appeal which means the original judgement being Tom losing his home was upheld.

Tom if you are reading this, you lost in no way can this be described as a victory for you, you have lost your family home.
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Re: UK - Tom Crawford Calls For Help

Post by guilty »

Certainly not EXPLAINED!!!!!!!!!

At the commencement of the video Tom reads the decision and calls it 'Chinese'.

It sounds to me that the judge allowed Tom to make his appeal out-of-time (ie he was late with his action) but on hearing the appeal he denied it.
I understand this. Perhaps I have Chinese ancestors?

Tom is asked "What will you do if they come to repossess your home?"
Answer: "I'll arrest them!" :haha:

There's the usual nonsense spouted about 'no jurisdiction'. :roll: and the use of the words ab initio which sounds really legal. I'm impressed! :sarcasmon:

What I found really sad was Tom's phone call to his wife, "A good day!" he said. Poor woman.
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Re: UK - Tom Crawford Calls For Help

Post by fat frank »

He said: "The order that I make is that the permission to appeal is refused.

"The suspension of the execution of the warrant for possession (of Mr Crawford's home) is therefore lifted."



does that mean they have a possession order still (alive) and now need to reapply for a warrant of eviction,

as am sure a mortgage company can have a possession order but let you still live there,
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Re: UK - Tom Crawford Calls For Help

Post by guilty »

fat frank wrote:as am sure a mortgage company can have a possession order but let you still live there,
Yes they can allow it, by suspending the possession order. But that requires Tom to agree to pay them.
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Re: UK - Tom Crawford Calls For Help

Post by rumpelstilzchen »

Reading the comments under that video it really does look as though people believe Tom has won, he gets to keep the house and now the "floodgates will open". I fail to understand how these people fail to understand.
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Re: UK - Tom Crawford Calls For Help

Post by guilty »

A GOOFer says:
I've just watched the Nottingham BBC lunch time news and they've reported that Tom has lost his case and could now be evicted. :!:

What's going on there then?
Errrr... I think the BBC reporters understand what has just happened - unlike Tom and his supporters.
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Re: UK - Tom Crawford Calls For Help

Post by tm169 »

Just watched the video. This would be hilarious if it wasn't so depressing. And I never relish someone losing their home.

I have no idea why Tom thinks this is a victory. The only point he has "won" on is that they granted permission to appeal. So he was allowed as a technical point to have his arguments heard. It's not uncommon for them to hear both together. So if you apply too late to appeal in a complex case they will spend a whole day dealing with if you can appeal. Give judgement on that point and then (if successful) continue with the appeal another day.

For simplicity's sake it is common to hear the arguments for why you should have an extension *and* the acctual appeal together. This is not a victory!

Once you have a possession order you have to give up possession on the date of the order. So technically speaking Tom should leave the property today.

However it's common practice to apply for a warrant for each and every eviction. This is an admin procedure and involves paying a small fee (£110) it's done online and doesn't need a judge or a hearing. It does take time though as bailiffs are busy. Probably 3-6 weeks.

As for costs, Mortgage complaines *never* ask for costs. In fact it would be an error if they did. All mortgages contain a clause which indemnifies the lender against the costs of bringing a case or defending. So if they wanted costs they would claim them on a contractual basis without the need for a Court order.

In summary Tom has lost his case, his arguments have been rejected and he will be evicted. The fact that they are claiming this as a victory is preposterous.
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Re: UK - Tom Crawford Calls For Help

Post by wanglepin »

guilty wrote:A GOOFer says:
I've just watched the Nottingham BBC lunch time news and they've reported that Tom has lost his case and could now be evicted. :!:

What's going on there then?
which is immediately followed by
by daveiron1 » Thu May 14, 2015 1:50 pm

fantastic news ,
I feel very priviledged to have been one of the many feet on the ground,
ONWARDS & UPWARDS
:haha: :haha: I have tears in my eyes.
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Re: UK - Tom Crawford Calls For Help

Post by Normal Wisdom »

It would be so good to see the actual judgement but as I understand it the judge granted permission for an appeal out of time but refused permission to appeal the Order of Possession because the grounds cited by Tom were insufficient (all that baloney about endowment / repayment / fraud etc).

I think there may be a time limit for the Order of possession which must be approaching 12 months old now. There is probably a time limit for the Warrant of Possession but assuming the original Order is still current it will be no problem getting a new warrant. However, if they have any sense B&B will get this moved to the High Court to allow execution with no notice.
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