We recieved a letter today from DLA saying that they are not refusing to forward the documents which we requested (MIG-MORTGAGE DEEDS) but their client does not retain such copies. They say these documents are not required to prove their clients debt. Is this true? They also say basically that what monies were paid to their client on the MIG policy is irrelevant,saying under the terms of the mortgage i am responsible for the whole of the mortgage debt including any shortfall. They say that a claim was made (but havn't told me how much they recieved) and that the insurers have a right to pass this back to the lender to recover any funds on their behalf. If they say they have no copies of the documents (mentioned above) do we have a case to answer? We keep sending letters asking them to send us these documents,but all we get are negative replies. How many letters do we have to send before they actually respond in a possitve manner,or will they just issue a writ?

-- Gary Gudgeon (nicola@ggudgeon.fsnet.co.uk), February 08, 2001

Answers

Well, as ever, the object of this exercise is to show up the lender as being obstructive and unhelpful if it ever makes it to court.

The MIG is a debateable point, but the Mortgage Deed is, essentially, your lenders proof that there was a mortgage in the first place. You don't tell them this, of course. Simply write back and point out that the fact that the lender claims not to have the documents is simply not relevant. Make the point that you wish to satisfy yourself of the terms of the MIG and the Mortgage Deed. Also, you could make the point that if the lender doesn't have either of these, how on earth can they know whether they are legally entitled to chase you for the shortfall - the Mortgage Deed is their proof that you agreed to borrow £XXX over a period of time secured on your property.

If it should go to court you are laughing. If the lender doesn't have these documents it's hard to see how they can expect a judgment in their favour. If they DO have the documents, you can simply show the judge that you'd tried to settle out of court but your lender was unco-operative and wouldn't send you the necessary documents...obviously they are wasting court time m'lud.

But, instead of posting here - why don't you go and READ THE SECTION THAT TELLS YOU HOW TO DEAL WITH REPOSSESSION AND DEBT COLLECTION.

-- Chris (chrishoare@btinternet.com), February 08, 2001.