indemnity insurance re-halifax/sun alliance/curtis solicitorsgreenspun.com : LUSENET : Repossession : One Thread
IN 1992 I STRUGGLED TO PAY MY MORTGAGE TO THE EXTENT OF HUNGER IN DESPERATION I WENT TO SEE THE HALIFAX MANAGER REGARDING MY SITUATION.HAVING MADE THE APPOINTMENT IT TURNED OUT HE WAS BUSY & I HAD TO MAKE DO WITH THE ASSISTANT MANAGER,WHO ADVISED ME THAT I HAD NOTHING TO WORRY ABOUT BECAUSE I HAD THE INDEMNITY INSURANCE,HE EXPLAINED THAT I COULD WALK AWAY & THAT ANY LOSE WAS COVERED BY THE INSURANCE.IT MADE SENSE TO ME DUE TO THE FACT THAT I PAID FOR THIS SAID INSURANCE,LATER TO FIND THAT I AM NOT!MY CASE IS GETTING NEARER TO COURT PROCEEDINGS AND I WONDERED IF ANYONE COULD THROW ANY LIGHT ON WHERE I STAND REGARDING THIS.COURT CASE ON JUNE 4TH.
-- peter burrows (email@example.com), May 08, 2003
You might like to read my posting entitled "On the MIG question" dated November 18th, 2002, particularly the last posting on that page. The problem of claiming MIG mis-representation is of proof, normally it's a question of your word against theirs. Furthermore, you normally only have 6 years in which to make a counterclaim, otherwise it will be struck out as a defence. I'm not 100% certain as to when the 6 years runs from but probably from the date you handed over the cash (cause of action accrued?).
A solicitor told me "There may certainly be an issue re misrepresentation of the MIG, although it is often difficult to come up with convincing evidence other than a personal recollection of what was said. It's useful, for example, if the borrower had taken contemporaneous notes and still has them." Have you SARNED the lender and found any info on the MIG?
If the lender hasn't/won't supplied details of the MIG you could include in your defence the following:
In addition and in the alternative, the defendant counterclaims for the sum of £xxxx, being the premium for the insurance policy sold to her by the claimant's employee. There is no evidence that such a policy was purchased and the defendant puts the claimant on proof that the policy was in fact purchased.
You mention you struggled to pay the mortgage in 1992, are you sure the lender's claim isn't time barred?
-- M Amos (firstname.lastname@example.org), May 09, 2003.