Hi Hope,(posted 8463 days ago)Are DLA saying that they (DLA) don't have a copy of the mortgage deed, or are they saying that Abbey National doesn't have a copy? (You'd have thought that Abbey really ought to have the original if it regards some part of your mortgage account as non-redeemed?)
Anyway, it isn't your job to chase around finding documents. It is up to the lender to prove it's claim against you, and you are entitled to ask it (via DLA, if Abbey chooses to employ DLA) to do so.
I'm no expert, but DLA'a stance seems unreasonable to me. The fact that DLA has threatened you with legal proceedings in 7 days can end up being a plus point for you. My reasoning is this. Civil Procedure Rules mean that you can apply for pre-litigatioin discovery, because you have been threatened with court action. However, 7 days may well pass and DLA/Abbey do nothing (which seems likely, based on other people's experiences). Again, you have CPR on your side - judges don't like this kind of behaviour, and if Abbey did ever take you to court it would have to explain why it threatened you with court in Feb 2001 but did nothing about it then. It would also have to explain why it had refused to show you the information you have raesonably requested in order to assess the accuracy of the lender's figures and the extent of any liability on your part.
You have to keep writing politely, re-stating your position: that without proof of Abbey's figures, you are unable to progress it claim against you. Keep repeating the documents you wish to see, and ask if Abbey is in possession of originals or just copies.
Best wishes,