Help - Abbey National/DLA - V - Megreenspun.com : LUSENET : Repossession : One Thread
I have posted my story before Re Abbey Nat & DLA Harassment I have read through this site and have found it so helpful, and it has given me the courage to fight on. But I now feel I have come up against a brick wall. My last letter to DLA was asking to see the list below: 1. Mortgage Indemnity Guarantee 2. Mortgage Deed & Conditions 3. Valuation Report 4. Sales details of property 5. Evidence of the price obtained for Property 6. Evidence of the calculations on the final Statement This is the reply I received 1. I was not party to the contract therefore I am not entitled to sight of the document
2. They do not hold a copy of the Mortgage deed, however this can be obtained from Land Registry (But they did send me a copy of Mortgage conditions, relevant to my mortgage)
3. The sales details are Private & Confidential and are for their clients use & sight only.(But they said the property was valued at £78,000 and sold for £88,000.(My mortgage was £83,000, they put interest as £78,000 on the Statement)
They also enclosed a Statement of Sale fact sheet But the final paragraph was 'Unless we receive payment in seven days of the date of the letter, we have instructions to issue legal proceedings without further notice'.
Can someone please HELP and advise as to my next move. I know lots of people are in the same position as me, but its nice to have a site like this, it makes you realise you are not on your own A big thank you to those who have set this site up.
-- Hope Davies (email@example.com), February 17, 2001
Are DLA saying that they (DLA) don't have a copy of the mortgage deed, or are they saying that Abbey National doesn't have a copy? (You'd have thought that Abbey really ought to have the original if it regards some part of your mortgage account as non-redeemed?)
Anyway, it isn't your job to chase around finding documents. It is up to the lender to prove it's claim against you, and you are entitled to ask it (via DLA, if Abbey chooses to employ DLA) to do so.
I'm no expert, but DLA'a stance seems unreasonable to me. The fact that DLA has threatened you with legal proceedings in 7 days can end up being a plus point for you. My reasoning is this. Civil Procedure Rules mean that you can apply for pre-litigatioin discovery, because you have been threatened with court action. However, 7 days may well pass and DLA/Abbey do nothing (which seems likely, based on other people's experiences). Again, you have CPR on your side - judges don't like this kind of behaviour, and if Abbey did ever take you to court it would have to explain why it threatened you with court in Feb 2001 but did nothing about it then. It would also have to explain why it had refused to show you the information you have raesonably requested in order to assess the accuracy of the lender's figures and the extent of any liability on your part.
You have to keep writing politely, re-stating your position: that without proof of Abbey's figures, you are unable to progress it claim against you. Keep repeating the documents you wish to see, and ask if Abbey is in possession of originals or just copies.
-- Eleanor Scott (firstname.lastname@example.org), February 17, 2001.
Got the same answers to the same questions the other day - word for word in fact.
Don't worry about it. Just write again, politely ask for the same documents - again, maybe point out that their reply does not provide you with the proof you are looking for, maybe juggle a few words around in the letter, and wait for another threat of court action. We've had 4 "7 days or else" letters spread over the last 12 mths so please don't lose too much sleep over it.
-- (email@example.com), February 17, 2001.