counter claingreenspun.com : LUSENET : Repossession : One Thread
Please can anyone tell me at what point do we make a counter claim, we have a strong defence, we are reluctant to outline to Curtis our counter claim intentions.
Also can anyone tell me if the Royal Sun can add on interest to the shortfall they say we owe.
They have threatened to add this on if we do not make a offer of payment. Thanks
-- a grove (email@example.com), March 09, 2005
You will have to disclose your defence at some stage and it is far better (in my opinion anyway) to do this at an early stage which may well prevent court proceedings being issued at which you are going to have to disclose your defence anyway!
Royal Sun can add interest onto the shortfall - under the statute of limitations act though, interest can only be claimed for six years, and the shortfall for 12 years, but there is an agreement that CML lenders will only pursue for shortfalls for 6 years under the voluntary code.
You do not give enough information (i.e. when defaulted, amount of shortfall, current position, whether debt acknowledged or not) to give a concise answer, but you may in certain circumstances, be better off by making an offer instead of going to court where it will ultimately cost you more and may lead to loss of current home or claims on wages or goods.
-- David J. Button (firstname.lastname@example.org), March 10, 2005.
Mr Button may well be right. However, my experience is that before committing yourself you need to be in possession of the full facts. Therefore, you should enter a holding defence pending full disclosure. If you do have a defence to the claim to possession of your home exposing the truth will be like drawing teeth and you will probably lose your home (I did). The lender will hide behind threats from their lawyers or debt collectors and the like (such as variously: make you homeless, sell your home and make you bankrupt, claim that you are guilty of fraudulent misrepresentation and so on and so forth). I wish you luck you'll need it. Once this starts you are in for the long haul.
-- Victim (George.Lyle@btinternet.com), March 10, 2005.
MAKING AN OFFER COULD BE CONSTRUED AS ADMITTING THE DEBT. DO'NT GO THERE!!!!
-- (George.Lyle@btinternet.com), March 10, 2005.