In response to the last time we asked a question on this page (06/01/01) we sent a letter to DLA asking them to send us proof of the debt. We asked them to send us copies of the morgage deed the MIG policy and the money judgement order. We recieved this reply today (20/01/01) and don't know how to respond. They are asking us why we require a copy of the Morgage deeds, are we denying having the mortgage,(remember we did offer £2500 to end this matter). They say that they do not keep the deeds as they are passed on to the relevant lenders when ownership of the property changes. They also say whilst that they do not wish to be unhelpful or obstructive they are not able to provide a copy of the MIG policy as this is contract between the lender and the insurance company. On the money judgement order they are saying that as we gave up voluntary repossesion through a company called union finance, there was no money judgement order. What does all this mean? Just a little bit more information to help us resolve this problem, In one letter earlier last year it states that they never sent out appropiate information on the sale of the flat. Please could you also explain something to me? The abbey national origionaly sent us a letter stating that we owed £32000, Now one year later it has gone down to £14000. So even if it was undersold or fees exceptionaly high surely the difference in this amount would be seen by a court as enough money taken of the origional debt. Please help as we find this site very helpful and would not have a clue what to do if you did not provide this service.

-- Gary Gudgeon (nicola@ggudgeon.fsnet.co.uk), January 20, 2001

Answers

I believe that you asked to see a copy of the Mortgage Deed but DLA are talking about the Title Deed. But if they really said, 'are you disputing you had a mortgage?', then they must know you are after seeing the Mortgage Deed. You need to see this because if they have no Money Judgement then your lender's case is actually based on the wording of the Mortgage Deed.

If you want to know about the MIG, see this site under 'Repossession', 'why lenders refuse to supply documents'.

I would say that you might write back equally politely, and ask again for the 'Mortgage Deed (& Conditions)'.

I would also ask your MP to write on your behalf, asking your lender to show you its full file on your 'case'; and maybe ask in particular if the lender actually has the original Mortgage Deed, or if it is relying on a microfilm copy, or if it has been lost or destroyed. You really are entitled to see these documents before you consider offering a settlement, I understand.

-- Eleanor Scott (eleanor.scott@btinternet.com), January 20, 2001.

I think the lender and/or DLA are trying to avoid having to trudge around giving you any documents that:

a) cost them time to retrieve, and b) give you a glimpse of what you were actually sold

You *do* have a right to see the mortgage deed and its associated conditions. You *do* have a right to see the MIG, even if it is between the lender and the insurance company. Of course, you can't make DLA hand over the deed. But DLA/Abbey can't comply with the so- called Woolf Reforms and successfully sue you unless it has handed over the documents on which its alleged case is based before a court hearing.

So, use their refusal to help them help you. Do this by politely requesting again to see the MIG, pointing out that you cannot be held liable under a MIG agreement that you are not entitled to see. Politely request the Mortgage Deed for the same reason.

They'll refuse for one reason or another and you must respond with a polite letter asking to see the documents.

If you don't understand why this is so, read the Repossession section and the Do's and Don'ts section for a very detailed explanation of the lender/debt collector mentality.

Good luck,

Lee

-- Lee (repossession@bigfoot.com), January 22, 2001.