Damages for illegal appointment of receiver

R

Richie1974

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Hi,

I hope someone can offer me advice.
Ulster bank have just confirmed to me that when they sold on my mortgage to a vulture fund they sold it on in error as a buy to let when it should of been a private dwelling home.I had informed them that I was temporally renting my home out , my contract remained as a PDH. ccma was not applied but more importantly a receiver was illegally appointed to my home from Jan 2017 until now( receiver in process of been removed).

So my question is I want to claim damages off them for trespassing,expenses ,stress
And not being able to return to my home with my family.
I have no idea of how much I should be looking for as I am struggling to see a similar case anywhere, any suggestions?

I will see if ULster Bank will negotiate if not I plan on going to the FSPO.

Thanks
 
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Were you in arrears?

Whether or not you were in arrears, they were entitled to sell your mortgage to anyone they liked.

Why did you let your house out?

When did you try to move back in and what happened?

When did you raise the problem that the receiver was invalidly appointed?

I would imagine all these would be taken into consideration when deciding what damages, if any, you would get.

Brendan
 
Yes I was in arrears .(I offered to pay of all arrears to fund but it was turned down) I am not disputing them selling on the loan just .the status of it .

I moved to the uk for work and rented out home.

The appointment of the receiver was raised with the receiver (Mazars) and the LG Asset who were serving the loan ,both pretty much ignored our questioning of the validity of the appointment of the receiver

Ulster bank were made aware in October it is only recently I got confirmation of their error

Due to the fact the receiver was appointed I could not move home as I would of been trespassing
 
Of course I am working on the fact that Ulster bank have admitted their error and from that the receiver was illegally appointed and have been trespassing , maybe I am jumping the gun in respect of damages.
 
Richie1974 said:
Of course I am working on the fact that Ulster bank have admitted their error and from that the receiver was illegally appointed and have been trespassing , maybe I am jumping the gun in respect of damages.
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While I am no expert in this, I would imaging that if they illegally kept you out of your home, you would be inline for enormous damages. In fact I understand that defamation of title to be a very serious matter not to mention the distress that must have been caused.

You need a very aggressive solicitor.
 
For how long were you living in the UK? Long enough to be considered resident there? (Paying UK income tax?)

Did your mortgage contract have a clause about informing them in the event that you rented the property?
 
Hi Leo,

I have lived in uk since 2013 , so yes I am considered a uk resident.

The house is my only one in the Irish state and is considered my family home, Ulster bank have accepted this.

There was no known clause about renting.
But I did seek their permission to rent out the house and it was granted, I was not requested to change to a BTL.

As previously said the issue was not being able to return home in 2017 because a receiver was appointed on foot of UB mistake.

Ulster bank have accepted that they made a mistake in changing it to a BTL.
 
Hi Richie

Did you return home in 2017?

When did you get your house back?

Classifying your home as a buy to let is of no significance. Or if you think it has, how did it affect you?

They were perfectly entitled to sell your mortgage whether it was a home or a buy to let.

The appointment of a Receiver appears to be an error but it's not clear how this actually affected you. They presumably collected the rent. They can fix all this financially.


Brendan
 
Leo said:
They may have done so in error. If you are not residing in the property full time, it is no longer considered a family home under the Family Home Protection Act.
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Yes, but the CCMA defines primary residence to include “a residential property in this State which is the only residential property owned by the borrower".

More importantly, it is likely that the loan agreement between the OP and Ulster Bank did not contain provision for the appointment of a receiver. So LG Asset should not have appointed one, and Mazars should not have accepted the appointment. A hungry legal team will have a field day with this case.
 
Thanks for all your feedback.

Maybe I am confusing things

Basically due to the UB error are receiver was called in when they were not entitled too and hence have been trespassing.

UB asking for confirmation from my solicitor that it was my only home in the state and my family home, my solicitor confirmed this too them, they then changed the status back to a PDH.
UB were aware I was moving abroad for work and the fact I moved out temporarily does not change the status of the home.

I had planned on moving home in 2017 but due to the appointment of the receiver I was not able to, that too me is my biggest issue and also the fact that ccma was not applied .

It seems pretty clear the receiver should not of been appointed and have been trespassing that is why I want to seek damages .

Damage for: stress, trespassing,financal loss and not being able to return home with my family as I would of been trespassing in my own home.
 
What was your financial situation when the Receiver was appointed?

Were you actually paying anything?

Usually if a lender gets the rent, they don't appoint a Receiver.

Brendan
 
Richie,

I might have misread.
Your dates suggest you wanted to move home in 2017, but receiver only appointed in 2018?
 
hi Brendan,

Yes maybe,I take your point.I was offered a good job opportunity in 2017 in Dublin but felt renting would be too costly.

But in saying that trespassing is still trespassing and I have been kept from returning to my family home regardless if I was in the state or not.


Still can’t figure out if I have a strong case, I don’t fancy paying out more legal fees with a poor outcome
 
Brendan Burgess said:
What was your financial situation when the Receiver was appointed?

Were you actually paying anything?

Usually if a lender gets the rent, they don't appoint a Receiver.
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As you didn't answer, I assume that you were collecting the rent and not paying anything over to the lender.

They will argue that they would have sought an order for possession, so you didn't lose out.

If you were paying nothing, then you were the author of your own misfortune. Their wrongdoing is small compared to yours.

Brendan
 
Ok, can you set out a clear timeline of what happened and when?

Notified UB you were temporarily moving out of house: 2013?
Were you making mortgage payments after that?
Was there any meaningful engagement with bank prior to loan being sold?
Loan sold?
Receiver appointed? By bank or purchaser?
At some point you offered to repay full arrears?

Richie1974 said:
the fact I moved out temporarily does not change the status of the home.
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It does for some legislation, but not for CCMA. However, it's critical that you were not deemed non cooperating.

Break it down:
1.Was CCMA correctly applied? Did you engage with the bank?
2. Could a receiver be legally appointed, based on your contract?

Richie1974 said:
confirmation from my solicitor that it was...my family home
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I'm not entirely sure that it was your family home once you were no longer ordinarily resident there.
 
Hi Brendan,

I was paying rent on to lender but there was still long term arrears on the debt.
When the debt was sold on I managed to raise enough to pay off the arrears, but they demanded the full debt.

I had a PIP who was try to Negotiate a settlement but still sent it to the receiver before agreement could be reached.

I am in no way trying to deflect from my errors which lead to this, all I wanted was due process.

As was said to me before if there was a repossession order I would of had the chance in court to show I was able to pay off arrears and that the loan was sustainable.
 
Richie1974 said:
I don’t fancy paying out more legal fees with a poor outcome
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Hi Richie

You should at first complain to whoever appointed the Receiver. Make the complaint in writing and set out your loss and your request for compensation.

If they refuse or make you an inadequate offer, then make a complaint to the Financial Services Ombudsman. That will be quicker and it won't cost you anything.

They will also attempt to mediate the dispute so there is a good chance that the lender will make a reasonable offer.

Brendan
 
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