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Response to shortfall probs, have now received claim form via county court

from Matt (mattyc@ntlworld.com)
The first thing is that if the first contact was made in August 2000 then they are out of time by way of the council of mortgage lenders agreement - i.e. if contact was not made by 11/2/00 then the limit is 6 years. This should be the first part of your defence (in my opinion).

Did they ever supply documents to prove their claim. i.e. deeds, MJO etc. If not then you have the right to see them especially if it goes to court. If you ask for them using 'discovery' and they do not supply them I cannot see the judge giving them much chance. How are you expected to defend their claim if they did not supply paperwork.

Phone Carol Riley of NAMV on 01889 507394 she should also be able to offer some useful assistance.

Nor sure where - can someone please point it out - but on the site somewhere is a list of what to do when you get a summons. Finally, see what local solicitors say. Most will give you a short time free of charge and most will know less than you on the subject so keep trying.

Good luck and if you need more come back to this site.

(posted 8226 days ago)

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