DLA - How to proceed

greenspun.com : LUSENET : Repossession : One Thread

In 1994 I left my house and partner in Scotland where we'd had a joint mortgage #36000. I later found out in 1996 he'd handed the keys back in. N&P (now Abbey) did not contact me to tell me this or tell me when the property was sold. In 1997 my ex partner was killed - adverts were placed in the national press both in England and Scotland for people with claims on the estate to come forward - they didn't. In June this year I received my 1st letter from DLA demanding #25000 for the shortfall not covered by the #1000 indemnity premium I paid. I wrote back asking to see a copy of the indemnity as it was sold to me that it would cover me not the lender - they refuse to show it to me stating I am not a party to this document. All I have managed to get from them is a statement of sale from which I can see they sold the property for #20000 - I dont think this was the market value. Letters have gone back and forward regarding the indemnity but none of these other points. This morning I received a letter saying "further delay in this matter will not be tolerated" and to complete the Income and Expenditure Form and make my offer of settlement by return before they start legal proceedings. Incidentally I have no savings or assetts and live in rented accommodation.

I'm at a total loss as to whether any of these factors have any bearing on the amount they are chasing me for but if anyone has gone through similar ideas of how next to proceed would be a great help.

J.Berry - foxwood60@aol.com

-- Joanna Berry (foxwood60@aol.com), September 29, 2000


I have been going through the same process with Abbey National (I borrowed from N & P). Follow the advice on the site. Insist that they show you all documentary evidence relating to the sale, and stick to your guns. They will continue to threaten you, but don't give in. You have the right to see all the paperwork so keep repeating the request. This site is full of excellent information and advice and has been a great help to me.

-- Dee Whelan (deeage@hotmail.com), September 29, 2000.

Keep repeating your requests for all copy documents and information, no matter how long the blocking from DLA continues.

Under the latest Civil Proceedure Rules it is encumbent upon DLA to exchange all possible information PRIOR to going to Court. If they do not, then they are in clear breach of the CPR, and costs can be awarded against them. Remind them of their obligations that under the Civil procedure Rules they are obliged to provide you with copies of all relevant documentation PRIOR to any court hearing, and that they should be provided at an early stage of the negotiations - i.e. now.

Do not let go of this point - they MUST provide you with all copies of relevant documentation - which includes the MIG documentation.

Good Luck. Kenny

-- Kenneth Claude Haymes (kennyhaymes@aol.com), September 29, 2000.

I would add, don't whatever you do fill in the Income & Expenditure form. Not only is this likely to damage your legal position (which currently, some would say, is possibly pretty good) but it is also an invasion of your privacy (see elsewhere on this site under Repossession: Human Rights Act for why this is so). Be strong. You are not alone. all best and good luck, E.

-- Eleanor Scott (eleanor.scott@btinternet.com), September 30, 2000.

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