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Response to Judge adjourned hearing due to Sarn request not being met

from M Amos (idgroms@hotmail.com)
Monika,

How long after the sale of your repossessed property was the shortfall bought by the debt collector?

I don't think the fact that they have never looked for the joint mortgagor is a legal requirement (Mortgagor=Borrower, Mortgagee=Lender). What does concern me, and as Eleanor Scott has mentioned to me in the past, Lenders/Debt Collectors appear to be picking predominantly on women, what does everyone else think?

A solicitor's view is that if a creditor sells a debt, the purchaser acquires all the same rights and responsibilities as the original creditor, the vendor. Another interesting point to bear in mind is that in one case I know of a case was dismissed because the debt had been assigned defectively.

If you do the following (obtained from a solicitor) this should get you more time:

Parties can agree to an extension of up to 28 days for filing a defence. Where such an extension is agreed, the defendant must notify the court un writing (CPR 15.5).

If this cannot be agreed, the defendant can apply to court to extend time for filing a defence under the court's general powers of case management.

CPR 3.1(2) states that except where the rules provide otherwise, the court may -

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired).

I assume that any such application would be on court form N244 with a fee of £50.00 but it would be sensible to check this with the relevant court (as not all courts do things the same way!)

In the N244 application, the reasons for the extension must be set out, e.g. the claimant's delay/failure in providing information/documentation, and it should be stated that, under the 'overriding objective', failure to grant an extension would result in a miscarriage of justice. This should all go on part C of the form, on the reverse side.

Monika, I think the fact that the debt collector has not been co- operating goes in your favour. Have you tried contacting the NAMV? They have solicitors who may be able to help. I think I and other people on this site can give you some guidelines, but it would be better to get professional help from someone experienced in defending a mortgage shortfall victim ,and who can represent you in court.

Some info on setting up a defence:

One general point on defences that it's useful to remember is that it is usually not enough to make a mere denial, it is usually necessary to say why something is being denied. . For example, it is not enough to say "I deny owing the money". The reason why the debt is denied needs to be stated: e.g. "because I have already paid the claimant", or "I do not admit the claim because the claimant has fail to prove the debt".

Also, if a claim is to be defended, it is useful to go through the particulars of claim and respond to them one by one, and say, for example, "para one of the partics of claim is not admitted", "para two of the partics of claim is denied. The claimant has failed to prove the debt. The defendant puts the claimant on proof etc. etc." or "The defendant admits para 3. of the particulars of claim" etc.

Monika, another snippet from a solicitor I have is:

If the info/documents that a defendant is missing relate to statements of account, copy agreements etc., i.e. to proof of the amount owed, the lack of these is no bar to the defendant filing a defence. As CPR 16.5(4) shows, unless the defendant expressly admits the claim for money, it is taken that he/she requires it to be proved.

If you can't get professional help come back to me/us and I'm sure we'll all do the best we can.

Hope this goes someway to helping. Mark.

(posted 7678 days ago)

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