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Response to Sun Alliance/Curtis Solicitors Devon

from Gordon Bennet (arsenewhinger@hotmail.com)
If you looked at the home page before you posted your question Joanne, then you could do worse than print off the advice about what lenders do to avoid giving information. There is a lot of relevant advice. In your case it would seem from what you say that your flat was undersold by about £6000. You need to put the RSA and their solicitors to strict proof of claim. Follow the advice set out on this site about fighting shortfall liability claims. Make them justify the amounts they are claiming in detail. It is interesting that it is the RSA rather than the Halifax who are pursuing you. Serve SARNs on RSA AND the Halifax in order to obtain the fullest information. It's likely that the Halifax have more details about the re-sale of your property than the RSA. The solicitors will only act on the instruction from their client ie. RSA, so start making the RSA do some work to justify their claim.

Above all, don't despair, and don't panic. Read the advice on this site. You have to learn to live with the threatening letters, but for the most part that is all they are.

Remember to remain courteous and to the point. Make sure that the onus is continually on them to provide answers to your questions and provide you with information.

If they can't provide you with copies of invoices for any repairs that were carried out prior to selling the property, then you should request formally that they subtract these amounts from their claim.

There may be a possible way out if you can successfully argue that the shortfall is not a specialty debt ie not subject to the 12 year limitation rule. You need to examine the mortgage deed & conditions to determine this.

You should also ask them to justify why they have waited such an extraordinary length of time to pursue their claim. Why didn't they contact you immediately the alleged debt was incurred? It will be useful to have their reply to these questions in writing, particularly if they eventually take you to court.

Try to take strength from the experiences of others here. You are not the only one in this hole, and hopefully we can all help each other find a way out.

(posted 8018 days ago)

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