Response to Expenditure forms

I agree with the advice above. Don't give them any more information until they have justified to you the low sale price (they may well have failed to market the property propely) and substantiated all the details of the claim. Carol Riley would also say, without a Money Judgement they don't actually have a claim on you. I would add, ask them to justify the unreasonable delay in contacting you. One further point - looking at the Human Rights Act (see previous answer), it occurs to me that you were, in effect, forced to incriminate yourself by being coerced into filling out an I&E form (banks like to pretend that you are required to fill these out, whereas of course you're not, and completing even part of the form has the effect of damaging your legal position by getting you to 'admit' the 'debt'; but the lender of course doesn't warn you about this.) These forms are also an invasion of privacy. This means that any subsequent use of them against you in a court hearing could be deemed to be unfair, and in breach of your Human Rights. (Articles 6 & 8.) These are just my thoughts, and in no way constitute any kind of formal advice, but I hope it helps to know that it is the lender, not you, who must prove their case - and that they are required to do this under the terms of the Civil Procedure Rules. Good luck, E.

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