Ms Rajinder, a UK resident, asked Aldwych Legal to assist with an imminent possession hearing at Bradford Combined Court Centre, requiring urgent advice from housing solicitors in Bradford. The dispute concerns a property purchased with Mr Singh during their relationship, for which she remained solely responsible for the mortgage, and she alleges funds were misused by him, leaving her in debt.
What Happened
From the outset, Ms Rajinder paid the mortgage consistently. Initially, these payments were made directly from her account, but funds were later withdrawn and deposited into Mr Singh’s account for the mortgage. It became clear to her that Mr Singh misused the funds, so she reimbursed all money spent to bail out the property. She then made direct card payments, supported by the mortgage company’s records. Throughout, there was no default on her part.
Legal Issues
- Whether the mortgage lender properly considered Ms Rajinder’s uninterrupted payment history before pursuing possession.
- Application of the Consumer Credit Act 1974 and FCA Mortgage Conduct of Business Sourcebook to protect customers facing payment difficulties.
- Potential remedies when funds are misused by a co-borrower or guarantor and whether that affects the secured debt.
Our Approach
We prepared a robust response, gathering the mortgage company’s records, Ms Rajinder’s bank statements, and any correspondence with Mr Singh. We sent a formal pre-action letter proposing to continue payments while the lender reviewed the accounts, inviting adjournment for negotiations in line with CPR and the Pre-Action Protocols. We engaged in constructive correspondence to demonstrate her willingness to resolve the matter without court enforcement.
We continued to monitor the case, coordinating with the client and the lender to keep the hearing focused on a practical resolution rather than court confrontation.
Outcome
The parties engaged in negotiation, and the mortgage lender agreed to review the payment history and accept continued payments under revised terms. The possession proceedings were resolved without an eviction order, allowing Ms Rajinder to remain in the property while a formal arrangement was implemented.
Result / Why It Matters
This case demonstrates Aldwych Legal‘s ability to secure practical resolutions in housing and finance disputes by focusing on payment history, consumer protections, and constructive negotiation.
