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Response to CAN I BE TAKEN TO COURT FOR A REPOSSESSED PROPERTY EVEN THOUGH IT WAS IN JOINT NAMES AND MOVED OUT LONG BEFORE

from Allye (migclaim@hotmail.com)
Caroline

My sympathy is with you, I am in exactly the same situation. I was divorced and at university with no income. Lloyds TSB knew where I was, I even had a bank a/c with them and yet they did not contact me at all. Over 7 years on they are suing me for nearly £30,000. I am currently preparing my defence with a bit of help from people here. Why they are suing me I do not know as I am a single parent with very limited income - bankruptcy papers are ready to go in. Mark's advice is right. SARN them (Lloyds ignored mine) and report them to the data commissioner if they do not respond. The SARN should reveal whether or not they followed the correct procedures. It is a bit late at night to go into these in detail but you should find them in this site, if not e-mail me separately. The problem with joint and several liability is that liability is joint (ie both of you are responsible) and several (either of you can be totally responsible). Don't acknowledge the debt in any way due to the way the limitation period works, you are under no obligation to and it is up to the bank to firstly show that all correct procedures were followed. If your current property is in your husband's name then I am pretty sure the bank can do nothing about it. If they start to write to your husband or you at work then threaten to report them for harrassment. If it is the bank's solicitors that take this course then write to the senior partner and threaten to report them to the Law Society. Don't fill in an income and expenditure form - you are under no obligation to do so whatever they tell you. This will just be a tool for them to work out whether you are worth suing or not. Finally do enlist the help of anyone who will listen ie your MP, Government Ministers etc. Can't suggest much more other than to wait for the results of the SARN and see what comes to light. All the best Allye

(posted 7699 days ago)

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