Valuations on house - Am I entitled to them?greenspun.com : LUSENET : Repossession : One Thread
I have had a letter back from the Bank saying I am not entitled to the valuations or surveys of the repossession. Am I legally entitled to such information?
Also they have broke down the costings but not not sent REAL proof, can I take this? They say, again, they cannot understand why I want the actual copies?
-- Biggles aka Perfect world (email@example.com), October 09, 2002
Sounds like good news to me, they are definitely trying to avoid evidencing the debt.
Legally I don't think you are entitled to see the valuations or surveys as they were done for the bank, however just keep re- iterating that without this information you are unable to ascertain the basis of their claim, etc. etc. Ask again for invoices, receipts, original documents required - don't bother trying to explain why you want them they understand perfectly why you do they are just using delaying and time wasting tactics by the sound of it. Keep sending the same letters, after all they are! Good luck.
-- Chris (firstname.lastname@example.org), October 09, 2002.
I would approach them again and ask to see ALL proof of the debt they are chasing you for.
Without full proof of the alleged debt then you can argue your case that you should not pay.
It took me a while to obatin proof of costings added to the mortgage account. I finally received bits and pieces but before any more evidence was provided to me the Halifax simply wrote stating that they would not answer any more of my letters.
Sounds like the banks and societys are hiding incriminating information from the borrowers
-- Kaveh Damestani (email@example.com), October 10, 2002.
I strongly believe that under the letter & spirit of Civil Procedure Rules you are fully entitled to see ALL the evidence of the alleged debt which the lender wants you either to pay or make a settlement offer on. You need to be able to judge reasonably the validity of the lender's case against you, and this you can only do on the basis of evidence, especially if you are trying to determine whether or not the lender shirked its duty to obtain the best price for the property, and evaluate the effect that that might have had on the creation of and the size of the alleged 'debt'.
My repossessed flat was sold for £1,300, and when I finally - after a marathon striggle - got to see the 'valuation' and 'marketing' documents, it was possible to construct an even more robust argument against the lender's demands for shortfall 'debt' to be paid.
By the way, it paid in my case to get my MP and a local councillor involved. They helped put pressure on the lender to co-operate with my requests for the documents.
-- Eleanor Scott (firstname.lastname@example.org), October 19, 2002.