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Bank fails on 1st repo, but finds 2 months arrears 2 yrs old!

from Steve Galloway (steve_galloway@bigfoot.com)
Solicitors acting for Britannia B S raised summons for repo on basis I was three months in arrears because of no payments in Aug, Sep, Oct 1998. This was disputed. At Dec 1998 hearing, judge ordered meaningful accounts going back to January 1997 and reset hearing for Feb 1999. Subsequent accounts demonstrate the alleged arrears were in fact paid. Solicitors have produced statements going back to Jan 1996, however, and allege 2 months arrears within this time frame instead. Accounts are difficult to agree, but possibly correct. Even so, no formal notice of the 1996 arrears was brought to my attention, and certainly were not included in the original application. Is the original application likely to be thrown out? Arrears going back 3 years is hard to disprove, how best to defend? Suffer the bribe and cough up?
(posted 9199 days ago)

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