Response to I have just recieved the summons for the shortfall claim

I too had been in correspondence with Davis&Co regarding a shortfall claim for Abbey. In reply to my recent letter raising certain pertinent questions, the answer came back"We are unable to provide you with the mortgage deed as a copy have not been retained on our client's file." I wonder how all this battle for money would hold up in any court without an original contract. I too have just found out in that letter that Eagle Star were involved 3 years of the date of the sale. My mortgage was with CIBC and who knows when ES got involved! One other answer to the 6 year limitation rule to which they refer, in answer to my question"I also ask you to confirm whether the 6 year ruling and the issue of limitation starts from the point of default on payment of the mortgage or at the point of sale of the property" Davis reply"With regard to the six year limitation rule, the date is calculated from the last date of confirmed contact i.e. six years from the last correspondence received by ourselves from you or six years from receipt of the last payment made." I am unsure with Eagle Star's entry on the scene whether I too will now undergo the same treatment as yourself, but I am ready to raise the same issues with Abbey/CIBC/or whoever, with the unfair treatment with which they handle these individual cases. Abbey/CIBC sold my property at a major loss and now want their monies? I think not...

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