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Response to bristol and west "only the best"( yeh right)

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

I agree with David Button, you need a good solicitor now. You could also try Ahmed Butt from the Mary Ward Legal Centre (a sister company to the NAMV I believe). Mr Butt is supposed to be very knowledgeable in the shortfall area. If your property was undersold then probably it's too late to help in a defence as it would be time barred, the limitation period in this case would be six years from sale. However there may be an argument for extending this if the lender didn't contact you for years even though they knew where you lived. Here is some useful info I have from a solicitor.....

"It is not impossible to withdraw an admission - remember the Bird v Birds Eye Walls Ltd and Gale v Superdrug, there is also something on the Home repo site (http://www.home-repo.org/reposses/admitted.htm).

In any event, if it looks as if no further settlement is possible, I think it essential that the lender is asked for full proof of the debt - quote CRP Part 1 - the overriding objective and the preaction protocol Practice Direction."

Yvonne I would SARN the lender if they don't co-operate, you never know what you might find. I am not a legal professional so please check all this with one. Good Luck.

Mark.

(posted 7672 days ago)

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