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Sun Alliance/Curtis Solicitors Devon

from joanne Gammon (topuppersonnel@btconnect.com)
My flat was repossessed in 1991, a good few years later maybe 8 years Curtis solicitors in Devon took up the case. I had, numerous threats from them immediately telling my I had an alleged shortfall debt to Sun Alliance to the tune of 22k. proof of income was requested along with my proposal to pay etc none of which I replied to. They then decided to up grade the threats to insolvency etc. Thankfully I found this site and responded as advised requesting a list of documents to prove the debt. I have now set out below the last response from Curtis, and would ask for any help and advise as to how I should now respond as I am beginning to feel out of my depth but would obviously like to continue my fight with them. Curtis response is a follows:

We enclose herewith as requested copies of two valuations carried out in respect of the mortgaged property prior to its sale, a copy of the mortgage deed, a copy of the mortgage indemnity policy. We are obtaining a copy of the schedule relating to the indemnity policy.

There was no marketing material shown to you in relation to the morgage indemnity policy as this was a policy held by the Halifax Building Society with our client company. Your loan was merely added by way of a schedule and itwas a term of the mortage that the indemnity policy be put in place for the benefit of the Halifax Building Society.

There was no money judgment in respect of the possission action, it was an action for possession, the shortgall has accrued following the sale details of which are set out in the enclosed schedule. You will note the sale price of the property which occurred in July of 1992. The mortgage valuations you will note value the property in the sum of 41,500 and 43,000.

In the absence of you putting forward your proposals for payment then we shall obtain either a Judgment in respect of that sum or pursue insolvency action.

Your reference to notes and records of telephone conversations following the sale of the property or any correspondence are absolutely irrelevant to this matter. There are no notes or telephone calls recorded.

What do I do next?? for your information my flat was sold for 37,000 at least 4.5k less than the valuation. The schedule they speak about is a listed breakdown of costs on a piece of plain paper not backed up with any proof eg, invoices or receipts Can any one help me as to where I go from here. With much appreciation

(posted 7996 days ago)

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