I have been waiting for a responce from the B&B regarding my request for copies of valuation reports and origional mortgage deeds. I have now requested these documents 3 times without any reply, so in my last letter to them I said that unless they provided me with the documents I was unable to verify whether the debt that they are seeking was valid. I recieved 2 letters almost straight away.... 1. saying that they had responded to my first letter and enclosed a copy for me to see ( I never recieved it!) and further saying that they had not recieved my second letter ( funny as I have kept the recorded delivery ticket which I posted the letter with which confirms that the letter arrived at the office the following morning and was signed for ). The 2nd letter goes on to explain that further to their previous correspondence they would reiterate ( well I never recieved this letter .so why tell me again if it's a copy of the origional letter, I wonder was this letter typed up only last week?) that the independent valuations at the time of the sale do not constitute personal data under the Data protection Act and therefore fall outside the scope of the subjects access provisions..But if court proceedings become necessary they would of course comply with the disclosure rules. They also say that they do not hold a copy of the deeds as there is no requirement for them to do so and that they were sent to the purchasers at the time of the sale. Also in the paperwork that I recieved in responce to my Sarn there is nothing to show how they arrived at the amount of short fall that they are claiming all that there is is a page showing origional value, sale price, date of sale and date of repossession, addresses and thats it, the rest are all copies of letters sent to an old address which I once again never recieved... Any advise on what my next step should be would be greatly appreciated. Thanks in advance Slightly confused.. Lisa

-- (lisa_foxy@yahoo.com), September 03, 2002

Answers

Lisa,

They are confusing you deeds request with 'title deeds', a common trick. Re-request the deeds in the following form in you next letter "mortgage Deeds/Legal Charge/Mortgage Agreement" - this will/should make it absolutely clear to them that they cannot fob you off, and if they do, it's evidence for the court that they are pissing you around.

Also ask them for copies of relevent annual mortgage statements, so you can check their figures for yourself. This should bring forward an interesting reply from them.

Please keep all letters in a safe place, especially the recorded delivery ticket.

Good luck

Stephen

-- (stephen.pooley@ntlworld.com), September 03, 2002.

Dear Lisa,

I have been dealing with Mortgage Express (part of B & B) for some time and insisted on copies of the sales particulars, valuation reports and Mortgage Deed on many occasions. All except the Mortgage Deed have arrived and prove gross mismanagement of the valuation, management and sale! If you even suspect any mismanagement/underselling push them for these documents as "without this information I am unable to assess the full implications of your alleged shortfall claim".

Contact me direct is you think I may be able to assist further.

Mike.

-- Mike (mail@resdev.freeserve.co.uk), September 03, 2002.