B&B case management conference in 10 days. HELPgreenspun.com : LUSENET : Repossession : One Thread
I have been ordered to attend a 'Case Managment Conference' on 29th Nov 04. I think the judge wants to establish things before going to court. I cannot afford a solicitor but have decided to defend the claim for £93,000 as I feel I was coerced into the mortgage in 1991. The form says I can have it set aside but surly it will just come around again? I voluntarily handed back the keys in 1991. My ex who I bought the house with admitted everything so he has been paying £25 a week since 1993 or 4, but B&B did not contact me personnaly until april 2002. I have never admitted the debt. It has now gone to their solicitors DLA and to court. If I defend the claim and I lose, will I lose my current house that I have with my new husband? Should I transfer the equity to him. Or Should I offer B&B a sum? I am so scared. I simply cannot lose my new home as we just had a baby and have worked so hard. Does anyone know what will happen at this conference. Everything I have done so far from this site has seemed right but B&B have been so awful. I have stated on the respose pack (to the claim) that I dispute it because of the unproven debt and I have counter claimed mis-selling and negligence. I have been asking B&B for the docs and served a SARN in December 02, but they havn't provided anything at all. Could anyone please help or advise me? Thank you
-- hester deackes (firstname.lastname@example.org), November 19, 2004
You need professional advice. You cannot afford it and in any event will not find a solicitor to take such a complication repossession claim on. Join the club. However, all is not lost this site can help but before anybody can put forward any suggestions it would help if you could state on this site what it is B&B are seeking ie vacant possession and from whom this is sought, a possession order (suspended or other), money judgment or a shortfall claim.
Without these details, amongst other things, it is difficult to second guess what the judge will order. However, at a case management conference the court normally only sets a timetable by which certain events should take place. DISCLOSURE is what you want and you should produce all the correspodence relating to the SARN you issued and ask the judge for FULL DISCLOSURE from the claimant (you will have to provide a list of all the documents you would rely on should the dispute procede to trial. This said you should really complain to the Office of the Information Commissioner about the non- compliance with a SARN. Hope this helps. Good Luck.
-- Chris (Chris@tiscali.co.uk), November 22, 2004.
Thanks so much for your reply. B&B are asking for a shortfall amount of £47,000 and then they have kind of doubled it for interest purposes and have stated on the claim that they want £93,000 in total. It is complicated as my ex admitted it straight away when they found him, but I have never admitted the shortfall debt as I feel I simply don't owe it or If I do owe some of it, surely they have to state how they got to that? At least show me evidence of what the property sold for. I have never seen anything at all to do with the repossesion. I phoned the court today and they said that the case management conference is simply where the judge will give direction i.e. B&B and I will have to do all the things he says before a hearing. I am dealing with DLA solicitors who havn't come up with all the documents I have requested either. I have to go to the conference so at least by then I will know for sure what I'm up against, and I will have to face my ex as well. I'll let you know what happens. Thanks again for your reply. Hester
-- Hester Deackes (email@example.com), November 22, 2004.
I would advise you to look at previous postings on interest. Futhermore, if the Sarn hasn't produced the goods then you should refer this to the IC, see below:
The following extract comes from the Information Commission website http://www.dataprotection.gov.uk/ , go to "Guidance & other publications" then "Legal guidance" then "Your Rights" then "Your Rights and how to enforce them (DRAFT)".
How much time does a data controller who is not a credit reference agency have to respond to a subject access request?
The data controller is obliged to reply promptly and, in any event, within 40 days, provided that you have paid any necessary fee.
Where a data controller reasonably requires further information from a data subject to enable him to deal with a subject access request, provided that the data controller has advised the data subject accordingly, there is no obligation on the data controller to deal with the request until such information has been received.
The 40 day time limit is calculated from the day on which the data controller has both the required fee and the necessary information to confirm the identity of the data subject and to locate the data.
There are different periods for requests for copies of credit files (7 days) and for school pupil records (15 school days).
What can I do if the data controller does not comply with my subject access request?
If the data controller fails to respond to your request within 40 days, or fails to respond to your satisfaction, and you have sent all the information required to the data controller to enable him to deal with your request, including the fee, you should send the data controller a reminder by recorded delivery, keeping a copy of your letter.
If you still do not receive a reply fairly quickly or if you think that the information you receive is wrong or incomplete you may:
· ask the Commissioner to carry out an assessment as to whether it is likely or unlikely that the data controller is processing your personal data in compliance with the terms of the Act; · pursue the matter yourself through the court. For information as to how to do this refer to the Commissioner’s publication entitled “Taking a case to Court”.
An assessment will inform you as to whether the matters that concern you are likely to involve a breach of the Act and may help you in making a decision as to whether to take legal action against a data controller under the Act. However, an assessment from the Commissioner is not necessary to take a case to court.
If you are not then happy with the assessment I understand you can then ask for a full review.
Put them to strict proof of the debt, it is your right.
-- M Amos (firstname.lastname@example.org), November 26, 2004.
thanks for the advice, we are keeping our fingers crossed for the meeting to go well on monday. We will update with the outcome. We have received some advice today from IBAS.
-- Hester Deackes (email@example.com), November 26, 2004.
Hello, well the CMC is over. I am sure you all understand how this reposession shortfall thing makes you feel - completely sick, frightened and stressed and after 2 and a half years of being harrassed and threatened by B&B, yesterday I thought I would lose my home. BUT, I DIDN'T. I am still in a bit of shock but things went ok. I don't want to go into all the details here - you are welcome to email me if you would like to know what happened - but with the help of IBAS everything is fine. If you are having trouble, take the time to read the IBAS web site, or just phone them and see if they can help you. I would say to anyone, please don't give up even if you think things are at their worst.
-- Hester Deackes (firstname.lastname@example.org), November 30, 2004.
Well B&B are on a mission and have found some evidence which will be used to show I acknowledged the debt. Therefore, even though they didn't show up and the last meeting (the notice was lost in the post apparently), here we go again and it feels like double trouble this time. I would really appreciate everyone crossing their fingers for me right now. I will update with any news good or bad. To Brian Mitchell, sorry I lost your email address, but thanks again for your previous support.
-- Hester Deackes (email@example.com), January 10, 2005.