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Response to Final Defecit / Abbey Nat / Eversheds

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

I'm afraid joint borrowers are joint and severally liable- either can be sued for the full amount. In my opinion all lenders should be made to justify their claims. Firstly in any communications with the lender/debt collector you must make it clear that you deny liability and dispute the claim, also include the words "Without prejudice" in a letter, this even applies for anyone acting on your behalf. If you don't, you may acknowledge the debt, and the 12 year limitation period will restart. The period they can pursue is (in theory at least )ndefinite if an MJO was issued. If your partner's ex makes a part payment this may also restart the limitation period for both. You could start by requesting the necessary info (including a proper breakdown of all the fees) by a normal letter (see also the Do's & Dont's section) and if they don't play ball then SARN them. I would also send it by recorded delivery. I would certainly make them communicate in writing in the future, if you can remember try and note down what was said in the phone conversations and by whom, with dates. If it were me I wouldn't take any of the options A,B,C at the moment, I would get all the facts together first and take it from there, i.e. dispute the exorbitant fees. If there is genuinely a shortfall at the end then you could negotiate a settlement. One question, did the lender always know where to contact your partner? Could this be used as an excuse for the delay? I would also get your local MP involved, if he's not helpful go to another, for example one who signed Mike Hancock's EDM 62 (see list on the repo site). I wouldn't ignore this problem, it will only make matters worse in the long run. I'm not a professional legal adviser though, so please check this with one. Hope this helps. Good Luck.

Mark.

(posted 7654 days ago)

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