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Response to NATIONAL HOME LOANS/PARAGON/LOM

from pendle (pendle@amun-ra.demon.co.uk)
The lender should keep paperwork for the life of the mortgage, so it would make sense for them to have this paperwork when making a claim against you.

If a lender is going to take you to court, they would need to be able to produce the necessary paperwork to back up their claim.

As you will see from other postings on this site, it is very hard to get the copies of documents that you require. It may be that if the lender does issue proceedings, you'll have to wait for "Discovery" to get all you need. Without a summons issued against you, invest in plenty of paper to write again and again asking for documentation.

If you're lacking in basic documentation such as survey reports, mortgage agreements etc from when you purchased your home, then have a word with the solicitor who acted for you in the purchase. Most solicitors will keep their files for 25 years in a purchase matter, although they are not legally required to do so. Most solicitors will allow you to take the originals of the files they hold.

Another thing you can try, and again information is on the website, is to serve a Subject Access Rights Notice on the lender. This means that everything that they hold on their computers about you, they will have to disclose. The SARN doesn't stretch to paper copies of anything they keep, although after October this year, paper documents will be included under the Data Protection Act.

Hopefully these suggestions should provide you with some paperwork you and your solicitor can use.

(posted 8353 days ago)

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