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Response to Valuation Reports

from Lee (repossession@home-repo.org)
This is actually good news Lisa.

You've caught them being obstructive in writing. You need to write to them and say that they will have to supply the valuations as part of Disclosure should they sue you for the alleged shortfall so you are asking them to supply the valuations now. Say nothing else in the letter, just that.

Why? Because you've caught them not helping you negotiate a settlement. You've caught them close to being in breach of Civil Procedure Rules (CPR). The trick now is to use their lack of enthusiasm for supplying these valuations against them by helping them bring themselves fully into breaching the CPR.

Your gain from this is that if they try to sue you for the alleged debt you can claim you tried to deal with this without resorting to the court but the lender refused to abide by the CPR, so you'd like your costs awarded against the lender. Which likely makes sueing you unprofitable, which means they don't sue you, which means you end up paying nothing instead of £2,500.

How do you use this? First thing to do is write the letter as described above. Be polite, be to the point.

When they refuse to supply the valuations, just write back asking for them again, pointing out that they will have to supply them as part of Disclosure anyway.

They'll have easily had access to those valuations if they wanted to supply them. So you have to ask yourself why they refused, given that being obstructive allows you to turn the CPR against them.

Probably because they have no plans to sue you for the money they are asking for.

Good luck

Lee

(posted 8036 days ago)

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