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Response to Shortfall Letters Ignored

from Carol Riley (NAMV@ukf.net)
The fact that the keys were handed back usually indicates that there was no Order for Possession , this usually means that there is no money judgment upon which they are relying to pursue the debt. You have probably already been told that they do not need one and that they are relying upon the mortgage deed, a document of which they do not have a copy and if they do will be reluctant to give you a copy. This document is one of eleven essential documents which would have to be produced at discovery in order for them to pursue you through the courts. They will also have to explain to the courts why they have been pursuing a debt without a money judgment. in the light of what you say and our past experience you could possibly counterclaim against the lender for unlawful repossession of your property,you need an audit of the mortgage statement which the debt collector should have supplied.

NAMV does have an audit service which can assist with counterclaims.

it would seem that the most important aspect is that the lender does not have the correct address, if you are being chased for a shortfall at a property which you have never owned or mortgaged their really is no claim. NAMV is on 01889 507394.

(posted 8474 days ago)

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