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Response to 6ft 4 goons at the door

from Eleanor Scott (eleanor.scott@btinternet.com)
In my opinion, which is merely a result of reading this site and my own experiences, and not from any expert knowledge:

I would be interested to know what your partner signed on the doorstep in 1996, and whether anything signed in such a way could constitute you admitting liability. Any other opinions on this?

Can you remember a bit more about what happened in 1996 and the circumstances?

I would also suggest that you write directly to Lloyds TSB asking them to prove that it has a legally valid claim against you. You are entitled to do this. You should also serve a Subject Access Rights Notice on Lloyds TSB (see this site for details of how to do this) which will cost you £10. This way you ought to confirm whether indeed anything was signed in 1996 and what Lloyds TSB's view of said document is.

(By the way, you said your partner may have signed something. Are they after you both for debt or just your partner?)

If Lloyds TSB's view is that you have admitted liability, but you feel that you were duped, there are possibly courses of action you can take if L/TSB ever issues a summons against you. (See a solicitor or get some sort of legal advice about resiling your liability. Cite Gale vs Superdrug 1996 for starters.)

If there is no admission of liability on your part, then, given the repo was in 1993, L/TSB will need to demonstrate that it has the right to pursue you in court for this alleged debt after six years. Ask to see a copy of the mortgage deed and conditions, and the MIG policy, etc etc. You should also ask to see copies of valuations and marketing details - was it sold for the best price and can the lender prove it?

Lenders have to do a lot of work to prove these 'claims', especially after such a length of time, and especially with the new Civil Procedure Rules in force, so don't be disheartened and *do* keep in touch with this board.

Good luck.

(posted 8482 days ago)

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