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Response to JDL holdings latest,latest threats

from M Amos (idgroms@hotmail.com)
David,

I think it would be a good idea to contact the IC and see if what JDL have said is really true, "seemed satisfied" ?? The following (from a solicitor) I think I've posted it before but I think it's worth posting again here:

"While it is technically possible to defend a claim on the basis that the lender has, by refusing to supply statements of account (i.e. prove the debt) or supply necessary documentation, failed to act reasonably in exchanging info and docs in an attempt to avoid unnecessary litigation (Civil Procedure Rules, rule 1 (the '0verriding Objective' + the Preaction Protocol Practice Direction), it is usual that this is dealt with by a cost penalty on the lender rather than dismissing the claim.” A bit technical, I know!!

You could point out to the IC that you need, for example, copies of the evaluations and marketing material at the time to establish whether the property was sold for a fair price, and that there failure to do so goes against the Civil Procedure Rule as mentioned above. I this being pedantic? Is it irrelevant? No, of course not, only an idiot would believe otherwise.

I will be in touch with you as I said to you before.

(posted 7666 days ago)

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