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Response to Abbey National / DLA Bradford - Being totally misled by one or both

from Allye (migclaim@hotmail.com)
You need to check under what terms your property was purchased. Property ownership is usually one of two things tenants in common or joint tenants. If you purchased your property as joint tenants then I am afraid that liability is both joint and several ie you are both liable for up to 100% of the debt (although they cannot claim 100% of the debt from both. The upshot is if you settle you must make sure that whatever if offered is in full and final settlement of liability from both parties. What I suspect DLA will do is to accept a sum of x from you and then pursue your wife. With regard to the MIG, I am interested in your comments because it is my view that they were blatently missold. You really need to find out the details of the debt, ie capital, interest and any sums received from your MIG. I suggest that you SARN DLA, Abbey National and anyone else involved. The reluctance of DLA to provide information may mean they have something to hide. You could point out that they have failed in accordance with the Per- Action Protocol Practice Direction and with the overriding objective and the matters referred to in CPR 1.1(2)(a), (b) and (c), the Overriding Objective, to act reasonably in exchanging information and documents relevant to the claim and generally in trying to avoid the necessity for the commencement of proceedings. I would not suggest this route at the moment as you are paying an amount and proceedings are not contemplated, but store it just in case. If you are unsure about the MIG, then make sure that in any settlement you come to you request Abbey National to fully indemnity you against any future subrogation claims from insurers. Good luck Allye
(posted 7669 days ago)

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