Hi there,can anybody help me on this point.Having taken all the advice given out on this site (A big thank you to all contributors)I recently asked Eversheds(acting for Grabby Nat)for the origanal Mortgage Deed and whether they had an MJO against me.I received a poor quality copy of the motgage deed(virtually illegible) and the response that no MJO is necccessary.Is this correct ? Thanks in advance.

-- Christina Harris (christinauk@hotmail.com), September 19, 2001

Answers

They do not need an MJO to write to you nor to ask you to negociate.

The MJO is part of the repossession process that allows them or a connected third party, i.e. insurer, to chase you legally for the money. They can return to court and seek one but it is arguable that they would not get one as there has been a long delay and that certai legislation states that any procedures outstanding before April 1999 that are not completed are now stayed - in other words they cannot go back to court.

They will say they do not need one but will not say for what they do not need one. It will probably be a long drawn out affair with lots of threats. Keep asking to see all the docs as shown on this site and if they say you cannot then keep asking as it is your right.

Also ask for a clearer copy of the deeds as there is VERY important info in them.

-- Matt (mattyc@ntlworld.com), September 19, 2001.

Thank you for your quick response Matty. Can I clarify a couple of points ? You said that they don't need an MJO for negotiation,but how about in a court of law,would it a legitimate claim without it ? The other point is can I demand to see the ORIGINAL deed as opposed to just a copy,and what am I looking for if they provide it ? I tried emailing you but hotmail is out of order this am !

-- Christina Harris (christinauk@hotmail.com), September 19, 2001.

They must have an MJO in a court of law. This is normally what they will issue a summons to obtain as part of the case. As I said after years of delay they, in my opinion, will not get one especially as the case may well be closed.

You can ask for the original deed but all you will get is a copy - that being the case ask for a GOOD quality one. The deed should be held under seal to be a debt in speciality - i.e. 12 years to chase. It should be signed and dated by all parties and most important should contain text to state exactly what occurs in situation like this. Those prior to 1993 seem to be dubious as to their legitimacy in a court of law.

-- Matt (mattyc@ntlworld.com), September 19, 2001.