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Response to Application to set aside - Bristol and West

from pendle (pendle_666@yahoo.co.uk)
When the Judge considers dealing with something without a hearing, he's going to read through your application and the lenders objections and then make his decision. You won't have to go to the court and neither will the lender.

If you have anything in addition to say about your application, now is the time to say it. Put your whole case in writing, saying that the lender won't supply docs etc, and then file it at court. The lender will do the same. Sometime after 23rd November, you'll get a notice from the court telling you what the result of the application is.

It seems almost impossible to get a copy of the MIG from a lender. True, it is a contract between the lender and their insurer and in theory, you're not entitled to see that contract. Also, most of these MIG policies are block policies, in that its not just one policy concerning you and your property. On the other hand, where you're obliged to pay out a shortfall claim, its only fair that you should know if the lender has had a pay out from their insurer, and even more importantly that the insurer is right to chase you for any shortfall.

The terms and conditions of the mortgage however, you are entitled to see. Mention this in your application along with everything else and keep your fingers crossed.

(posted 8172 days ago)

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