Abbey/DLAgreenspun.com : LUSENET : Repossession : One Thread
Please could somebody help? Was being chased by DLA on behalf of Abbey national for a shortfall of around £30000. Due to this wonderful website i have been asking for everything that i am entitled to but with no success,the last letter they sent me was back in April stating that they was taking court action and the process has already started. I wrote back saying that they are welcome to take me to court as i am sure that no court in the land would listen to their claim as they have never sent me anything to substantiate their claim,and without proof how can they ask somebody for monies just because their client said that Joe Bloggs owes us x amount of cash. I have heard nothing since. My question is (and you might find this interesting)i recently remortgaged my property to another lender and the solicitors that this new lender used was DLA. The new mortgage went as smooth as anything and never once was my old mortgage mentioned.So please could somebody explain to me how that DLA are chasing me for a shortfall their client claims i owe,but on the other hand remortgage my new property with another lender.
-- Harry Potter (firstname.lastname@example.org), September 22, 2001
The answer is very simple. You are recorded as a defendant on one file, and as a remortgager on another. I imagine DLA aren't asked to check the credit rating of the remortgage application, just process it, therefore no connection ever checked and therefore none made between the two - and I speak as somebody who supplies this sort of software to large firms of solicitors.
-- (email@example.com), September 23, 2001.
To clarify the above, not only would the departments not communicate with each other - they SHOULDN'T communicate with each other.
My mother worked for a set of chambers for many years, and very often barristers at the same chambers would handle cases where one barrister represented one side and another barrister the other. My mother would often prepare/work on documents for both sides. She had to be extremely careful to keep the two sides seperate (chinese walls), not letting anyone else know anything.
Similarly, if, somehow DLA had refused your mortgage application because of your (unresolved) dispute with the Abbey, then you could almost certainly have sued, with a virtually watertight case. This is similar to, and regarded in the same way as spending money in a client account...
I've rambled a bit, but hope this helps.
-- Chris (firstname.lastname@example.org), September 23, 2001.