My last letter to Eversheds was sent 18 weeks ago. It was my third request for the deed, surveys, quotes and invoices, etc. As yet, they have not replied. Is this normal?

Their previous correspondence gave excuses such as ‘At this time, our client is basing no reliance on the mortgage deed and therefore do not see the relevance of supplying a copy of this document’.

Should I contact them to remind them of my requests or let them carry on using up the 6 years while they refuse to supply documents to back up their client’s claim?

-- Bev Sansom (bev100@genie.co.uk), February 25, 2002

Answers

I think you should follow it up because (a) the 6 year "rule" has no teeth legally, and they can and will chase for 12 years if they think there's any chance whatsoever of getting anything out of you, and (b) if it ever gets near a court, if one of the pieces of documentary evidence you can wave at a judge is a letter pointing out the lender's apparent lack of understanding of the gravity of the claim they are making (evidenced by their slowness in replying to your letter) it will look extremely bad for them. Send a little "rap on the knuckles" letter. Good luck

-- Melody (mbc109@york.ac.uk), February 25, 2002.

oh yes, and another thing.... if your previous request was part of a SARN, request an assessment by the IC now - SARNs should be answered in 40 days, so 18 weeks is beyond the pale.

-- Melody (mbc109@york.ac.uk), February 25, 2002.

I think it is probably quite normal for a debt collecting firm of solicitors like Eversheds to ignore correspondence for a considerable period of time if it suits them.

Have you SARNed Abbey National and Eversheds? Please do so, because it is really worth your while to see copies not just of basic records, but any emails or faxes etc which have been sent between them about your case.

If I could ever just offer one piece of advice about fighting a shortfall case, it's this: think chess. It's a *long* game, not for those who want a quick, instant fix, and it takes time, determination and nerve. For God's sake do what Lee advises on this site, but within the context of not expecting instant results. It's a case of building up your evidence and defence, of looking for weak spots in the lender's claim, and making it count.

I wish you luck.

-- E Scott (eleanor.scott@btinternet.com), February 25, 2002.

Sorry this is a question relating to the above - not an answer. With a SARN should the response be within 40 days or 40 'working' days? Mortgage Express believe that 40 working days is the rule, however this site does not seem to have any clarification on this matter.

-- Mike (mail@resdev.freeserve.co.uk), February 25, 2002.

The DPA sets this in stone.

Forty days, not forty working days, not excluding holidays, not excluding bank holidays, 40 DAYS!

If Mortgage Express have stated to you that it is not forty days then request an assessment to the IC. They will soon put them right and you will soon receive your documents.

Good Luck.

-- Harry (pearson_harry@hotmail.com), February 25, 2002.