Response to Having trouble with Eagle Star or their Solicitors?? or have they not signed your deeds and repossessing your family home, let me know!!

Hi Joy! Thanks for your interest and you information on the Human Rights Act, In my opinion, Eagle Star and their solicitors have told so many lies and misled the court so many times that probably most parts of our Human Rights has been violated one way or another, and thanks for the information on the 1st Protocol, Article 1 it is certainly another angle that can be used.

Regarding your problem, I was involved in a very similar problem regarding a shortfall, it was not for a property but a rather large lorry and a shortfall of some £18,000, the case I did as a Litigant in Person with some Legal Advice from Christina Rundle (Non Practising Barrister) prior to the hearing, the case was won by us by making an application to have the whole matter "set aside" put the lender to STRICK PROOF

The lender will have to prove the debt and they have to serve you with a statutory demand for the alleged monies owed. In my case they had served me with a statutory demand for the alleged monies owed £18,000 (joke) as the real debt was around only £6,000 (just a little different). They had also told the court that they had sold it at auction for the best price offered £6,000. I telephoned the company that removed the truck from my premises on a low loader who told me where they had taken the vehicle, they then told me that the vehicle had been sold (a funny handshake and a backhander pound note job) to a scrap yard who preceeded in stripping all the goodies off the truck and sold it on for £2,000, very unfortunately for the finance company who was chasing me for the £18,000 I turned up at court with a handful of faxes from the people in the chain of events, but just prior to me revealing the truth, this their solicitor (would you believe EVERSHEDS)had told the court that he had left the proof of the debt i.e.the auction papers at his office boy was he sent out with his tail between his legs by the District Judge when I produced my faxes. But from what I am aware and my experience they MUST issue you with a statutory demand and the Must by documentary evidence proove to the court (and you) that they have obtained the best posible price at auction of very close to the full market price if sold privately, (if they cannot prove the debt by documents how do they know what the debt is, or how did they get to that figure??) My advice do not pay them a penny unless they prove the debt and prove that they have obtained the best possible price, if they are hounding you too much put an application in at the county court to have the matter "set aside" and put them to "strict proof" because if they cannot prove the debt or cannot prove that the property obtained something close the full market value (forced sale) or the best possible price at auction they do not have grounds for claiming XYZ from you if they can`t prove how they got there.

TIP!! If you are on a low income, or social security, income support or other low income support you do not have to pay to make any application at court, (not even the Court of Appeal in London) ask the staff in the court office they are usually very helpful (take ID and proof of benefit / income with you)

Further: and according to Article 8 of the Human Rights Act they have to do all this within a reasonable time? and not leave their claim against you for years.

I hope that is of some help. Regards Nigel Green

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