Samantha Von Daniken, the homeless mother of three forced to live in her Mercedes 230 after the house she was living in was repossessed by Mortgages PLC, claims the sub-prime lender adjourned her appeal on the repossession last week without her knowledge.
Her appeal was due to take place on Friday June 18 at Norwich County Court but it has now been adjourned until this Thursday.
Von Daniken is now living in a bed and breakfast with two of her children but her solicitor, the highly respected Ahmad Butt from the Mary Ward Legal Centre, says MPLC told the court it had received her consent for the adjournment al-though she is insistent it did nothing of the sort.
She tells Mortgage Strategy: “MPLC told the court I had agreed to the adjournment. I had not. While I'm waiting for the appeal MPLC could sell the house.”
Von Daniken says if MPLC would agree, her broker could progress a remortgage deal with another lender. Von Daniken says she has the £546,000 available to clear her debt which she claims was built up as a result of her being defrauded by her former partner Simon Clive who she claims signed the house over to his name.
Clive's solicitor says he denies the fraud but that he is happy to sign over the house but that requires MPLC's consent.
Butt says: “As she has everything in place I cannot see why MPLC will not agree to this.”
Von Daniken adds: “MPLC sales and marketing director Peter Beaumont said in a quote which has been in the national press that 'MPLC will only make an application to repossess a property when we believe all other viable options have been exhausted'. This statement was misleading. MPLC has not looked at all the options and it has not acknowledged my equitable right or my right to transfer.”
MPLC's solicitors, Jeffrey Green Russell, refused to comment when contacted by Mortgage Strategy for “data protection reasons”.
Beaumont was contacted by Mortgage Strategy last Thursday and Friday but did not return calls.