Response to Am I right in thinking (Eagle star)

Just for information the defense and counter claim went somthing like this:

Claim No. ?????????

Defence

1. Definitions

For the purpose of this claim:

“the mortgage” means the Deed of Mortgage dated 8 September 1989 and signed by myself alone. “the property” means (the address of the property). HM Land Registry Title No. (number) “MIG” means Mortgage Indemnity Guarantee taken out at the time of the mortgage

2. Agreed

3. Inaccurately recorded condition

4. The property was sold for £45,000.00 after expenses (Eagle Star, Statement of Loan Account, page 6)

5. The mortgage deed was broken and therefore all covenants no longer applied.

6. For the avoidance of doubt and in order to make my position clear:

a, This is a simple debt under s 5 Limitation Act, Hopkinson v Tupper (1997), Court of Appeal

b, Proof of debt has not been provided, 2 indipendant valuations of the property, Cuckmere Brick Co Ltd v Mutual Finance Ltd [1971] Ch 949, s 4 para 1(1)(a), Standard Chartered Bank v Walker [1982] 3 All ER 938, Schedule 4 para 1(1)(a), The Building Societies Act 1986

7. MAES Finance Ltd, have no knowledge of myself or the property, as of 10 April 2001

8. MAES Finance Ltd, subsidiary of Abbey National Building Society, are members and have signed the Council of Mortgage Lenders agreement for the ‘6 year limit rule’ as from 11 February 2000, This is also backed by the Association of British Insurers.

Counter Claim

1. Under the Property Act of 1925, a lender is required to serve a recorded delivery notice on you or your last known address within 28 days of sale. This shall contain:

1. the date of the mortgage deed under which the power of sale was exercised. 2. the address and description of the property sold 3. the name and address of the vendor 4. the name and address of the purchaser (and any sub vendors) 5. the amount for which the property was sold 6. whether the sale was by private treaty or public auction 7. the completion date of the sale

As of this date no such notice has been served.

2. Notice of alleged shortfall was not notified until 26 August 1999, Notice of accruing interest was not mentioned until 15 September 2001. under THE THEFT ACT 1968 s17 - False Accounting. 1. Where a person dishonestly, with a view to gain for himself or another with intent to cause loss to another:-  Destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or  In furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false, deceptive in a material particular; he shall upon conviction on indictment be liable to imprisonment for a term not exceeding seven years. 2. For the purposes of this section, a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular or who omits or concurs in omitting a particular from an account or other document is to be treated as falsifying the account or document.

3. This action has not been brought within a reasonable time, article 6 Human Rights Act 1998, thereby certain life changing decisions have been made that would not otherwise have been made if the debt had been known about.

4. Cost incurred in the preparation of this defence amount to 43 hours @ £15.00 ph = £645.00

So there you go

Cheers

JonS

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