Background - I have a mortgage indemnity claim issue in progress (pre '89 agreement, claimed in '91 - Halifax repo.). I ignored the first two contacts by the RSA's solicitor but after the third decided to respond with a request for all documentation with respect to their claim (detail as advised by the Home-Repro website, sent recorded delivery). Also, two weeks ago I dispatched SARNs to all associated parties (including the solicitor). The solicitor totally ignored my letter and SARN, and sent me another letter with a Statutory Insolvency Demand. I gather (from browsing the web) that my next course of action is to apply for Set Aside of the Demand. Incidently, to date I've had no response from any of the SARNs.(posted 8416 days ago)Questions - 1. How exactly do I apply for 'Set Aside', do I need court forms, where do I get them from? 2. What happens after I'm granted 'Set Aside'? 2. Is the court interested in the fact that the solicitor has wasted their official's time because they (the solicitor) knew that I disputed the claim before they raised the Demand? 3. At this stage, because the court is involved (of sorts) can I ask it to demand the documentation that I already asked for? 4. How do I make progress with the SARNs; who do I contact to complain?
Further - As well as the standard defence arguments that are well described on the Home-Repro website, I have two documents which I intend to use to help my case (if the RSA are foolish enough to take this to court): 1. a letter from an agent of the Halifax stating that my debt was clear with respect to the mortgage, the Halifax and its 'Agents' (is the RSA an agent of the Halifax?). This letter was asked for and supplied when I paid off the shortfall seven years ago. 2. a form (that I had to sign) issued by the agency that arranged my mortgage that describes a MIG and its cost; it makes no mention of liability on the part of the borrower. Are these documents of significance?
Please note that there is a time limit on my application for 'Set Aside' any help is needed quickly.