Am currently being chased by Dibb Lupton Alsop for alledged shortfall of #24,000 on property sold in Jan. '93. We were told at the time by an aquaintance (we don't know where she lives now) who had spoken to the purchaser that this lady was working for the Estate Agency dealing with the sale of the property, and that she had bought the house as a present for her daughter.

At that time we didn't really give a damn, as we were just glad to get out of the place and away from constant phone calls from Abbey National(it was a voluntary reposession by the way).

As you can imagine, this piece of news is now very important to us in getting one over on those bastards in court,but we have no idea of how we can prove this (if it's true, of course).

If we could find out who actually purchased the property, and prove that she worked for the Agents dealing with the sale of the house then we would possibly be home and dry.

If anyone out there has any ideas then please, please, please reply.

-- (spooley@madasafish.com), March 26, 2000

Answers

The battle you face is the ESTATE AGENT will say the only keep records for ex no of years and have destroyed them since 1993 Therefore we have no record of the sale "sorry we cant help" The more positive point is contact your local registry and request you want a search (fee payable) and state the reasons why !

Also dont forget the court records which are held for 12 years in repossession cases -not saying you will get these,though as if you state it was a voluntary Repossession there may be no court folder- unless they started proceeedings -worth checking

Take each step at a time build up,your case on this Yes i can tell you are angry but facts figures and false statements- which you must prove win the case Good Luck

Charles twford

-- charles twford (charles.twford@lineone.net), March 26, 2000.

See the recent Court of Appeal ruling against Skipton in the case of John Stott. This may well help you. (See in this Q&A section, near end, under 'Mortgage shortfall and Court of Appeal'). And good luck.

-- Eleanor Scott (eleanor.scott@btinternet.com), July 15, 2000.

We must not get carried away wih one case in court-without seeing the Full Court Transcript and what effects it has on other cases! The reply i gave in in March is the procedure to getting the information you requested! There is a difference between The John SCott case of undervalue and the accusation of *a present for the daughter* Yes it could be argued that one was the same thing-but without the evidence hard to sustain! You must show with evidence obtained from both parties ie DPA and your own investigations-why you state the house was undersold

We must keep this in mind no matter how much emotion we feel- with hard evidence!

I must make it clear that in in this answer i am only stating fact- of course we want a good outcome.

Good Luck

Charles Twford

-- charles twford (charles.twford@lineone.net), July 15, 2000.

See the 28th June newsletter produced by Lee who maintains this site. It explains the Skipton v Stott ruling and dicusses the implications. (Go to 'Stay updated' and access the newsletter library). You may find some useful information here. E.

-- Eleanor Scott (eleanor.scott@btinternet.com), August 04, 2000.