[ Post New Message | Post Reply to this One | Send Private Email to Lee | Help ]

Response to Being taken to court for shortfall

from Lee (repossession@bigfoot.com)
The summons will have given you a time limit within which to respond so you must do the following quickly:

1. Get a recorded delivery letter off to Skipton and/or their lawyer/debt collector requesting a copy of the mortgage deed, mortgage terms and conditions, MIG agreement if you had a MIG, copies of two independent valuations prior to the property's sale and documentary evidence that they marketed it properly and copy of the money order.

2. Go see a solicitor and tell him you want to: a) file a defence (Show him this email and make him/her think for their money) b) put Skipton to "strict proof" of the claim c) begin Discovery (and that you want to ensure that they don't use any "it got lost in the post"-style tricks to wriggle out of Discovery) d) file a counterclaim if any of the following apply: i. there was a MIG that you thought would protect you - counterclaim mis-selling, misrepresentation ii. you think they sold it too cheaply - counterclaim negligence iii. you think they sold it to a neighbour or landlord if it was a long-leasehold property (Skipton v Stott taught Skipton all about the issues involved in doing this) - counterclaim negligence iv. you think they didn't take account of bills for repairs that you may have already paid for a long-leasehold property - counterclaim negligence v. you have previously asked them to prove the claim and they haven't - counterclaim negligence for failure to abide by the Woolf reforms vi. summons is out of time if the repossession was more than six years ago (yes, I know, lenders claim 12 years, but do it anyway because Abbey allegedly backed off rather than see the Holmans test this in the Court of Appeal) vii If their letter asking you to fill in an Income & Expenditure form threatened you with court action or higher penalties if you didn't fill it in and if it also sought details of your partner's income and you have a partner, counterclaim harrassment and add that you have issued a complaint to the Data protection Commission over this breach of the Data Protection Act

3. If their letter asking you to fill in an Income & Expenditure form threatened you with court action or higher penalties if you didn't fill it in and if it also sought details of your partner's income and expenditure and you have a partner... complain in writing, enclosing copies of the I&E, its accompanying letter and the summons to the Data Protection Commissioner (recorded delivery - do everything recorded delivery) at:

Office of the Data Protection Commissioner Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

4. Keep us informed

Your solicitor probably won't understand most of what I am talking about because few understand repossession law. But they do understand civil court procedure so you need them to keep you on track as you do defence, counterclaim and discovery.

If anyone can think of anything I've left out, please notify me privately and I will add it into this post. Or feel free to post it yourself.

Good luck June.

Lee

PS: A reader has added the following:

Due to the amount being claimed - this should be in the 'fast track' system - i.e. the lender should have all documents to hand - otherwise the defendants can have the case struck out - the rule of thumb which any decent solicitor will advise you privately is - that they won't issue unless all the papers are in place, due to the danger of being unable to deliver.

If you have a friendly solicitor connection he/she should confirm this.

(posted 8519 days ago)

[ Previous | Next ]