Is anyone else having problems with Nationwide and Eversheds over Mortgage Shortfall Claims. Have you won your case against them and on what grounds.they may be taking me to Court soon. Regards Daren

-- Daren Otsay (darenotsay@blueyonder.co.uk), September 17, 2001

Answers

The answer depends on how you define "won your case". I know people who have fought Eversheds to a standstill and others who have paid them £2,500 just to get them off their backs (after a long fight via letters). All these people won by exercising their rights as explained on this site. I know few people whom lenders have ever taken to court.

Nationwide don't crop up that often, although they have a reputation for being particularly nasty, primarily because they have stopped bothering trying to prove their debt claim in court and go for an insolvency/bankruptcy petition instead. This is beatable too (and indeed Nationwide were the first lender to lose in court while trying it, as far as I know) but you need to move fast to combat it once it comes.

We think it is Eversheds that sold to Nationwide the idea of using Statutory Demands and you can see material about this and how to cope with it at: http://www.home- repo.org/dos/statdemand.htm

If you don't receive a statutory demand, the rest of the suggestions on this site apply.

Lee

-- Lee (repossession@home-repo.org), September 18, 2001.

Hi Lee, Thanks for your reply. Just a minor detail i would like to add,I had been served a statuary demand around february 2000,(note; inever went to court to have it set aside.)But did come to an agreement with eversheds to make amonthly payment of which i have never missed.Would the statutory demand still stand on file and can it still be used against me? Regards Daren

-- Daren Otsay (darenotsay@blueyonder.co.uk), September 18, 2001.