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Response to Nationwide and Evers***ts

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

Really we're lacking a certain amount of info to give much advice e.g.,date of first missed mortgage payment, date of repo, date of sale, date of first contact by lender with you, date/s you contacted the lender, the date lender advised you of sale and sale price etc.etc. I would start by reading the Repo site thoroughly, especially the Do's & Don'ts, and previous postings. Follow the advice and put the lender to strict proof. If you have made a part payment you will have acknowledged the alleged shortfall and restarted the limitation period, but I would ask for proof of this. If an MJO has been issued the lender, in theory, can chase you indefinitely. If the lender hasn't contacted you during the 6 years after the date of sale then the CML voluntary code may be applicable, but without knowing more precise info I can't say. Furthermore, if more than 6 years have passed since sale then any counterclaim for MIG mis-representation/underselling will be struck out as being time barred. Although there may be a legal argument for extending the limitation period in certain cases.

On the subject of not supplying docs see this from a solicitor:

While it is technically possible to defend a claim on the basis that the lender has, by refusing to supply statements of account (i.e. prove the debt) or supply necessary documentation, failed to act reasonably in exchanging info and docs in an attempt to avoid unnecessary litigation (Civil Procedure Rules, rule 1 (the '0verriding Objective' + the Preaction Protocol Practice Direction), it is usual that this is dealt with by a cost penalty on the lender rather than dismissing the claim.

Make sure you always state that you deny liability and dispute their claim in any communication with them (put "Without prejudice" on any letters) so as not to acknowledge the alleged debt again. I wouldn't speak to them by phone, get everything in writing.

I wouldn't make any offers until the lender has been put to strict proof, not always easy.

Bankruptcy is an option especially if you have little or no assets, even if you are a home owner it's not an impossibility, you don't necessarily have to lose your home. Discharge will now be quicker.

I would avoid agreeing monthly payments this is usually much more expensive and can drag things on for years. Likewis an attachment of earnings.

I'm no professional adviser so please check all this out with one. Good Luck.

Mark.

(posted 7625 days ago)

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