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Response to National Association of Citizens Advice Bureau - evidence of mortgage shortfall debt

from Eleanor Scott (eleanor.scott@btinternet.com)
I think The Long Shadow is a very hard-hitting document and that it got a great deal of useful, well-deserved publicity.

I have, however, been interested to hear stories from people who were advised by CAB staff in the past to offer, and begin paying, monthly installments on unproven shortfall 'debts'. This had the effect of (a) admitting the debt, and (b) re-setting the clock.

I would prefer to see CAB staff advise repossessees to put the lender to 'strict proof' of the debt, under Civil Procedure Rules, as does this HRP web site. But that's my opinion. And let's face it, some solicitors don't even do this. (See HRP under Repossession. Read everything - there is some new stuff!)

This is *not* a criticism of CAB, who do fantastic job with regard to 'conventional' debt negotiation. This is just an observation that in the light of recent information (especially that which has come to the fore via a spate of recent press attention), that 'strict proof' should perhaps be the way to go?

Like I say, it's just my opinion. Ask for the proof to which you are entitled.

(posted 8505 days ago)

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