Sarah,(posted 7183 days ago)You are not being paranoid, it is a fact lenders & debt collectors read this site, and of course giving all the facts regarding ones own case can lead them straight to your front door, when perhaps one is not ready for this. Feel free to contact me direct if you wish, though please remember I'm not a lawyer or a professional advisor. I would certainly Sarn the lender they need to be put to strict proof of the debt, which is only fair. It may be more difficult to get info under the DPA now after the M Durant v FSA appeal court case in which the ruling took a more restrictive view of what constituted personal data and a relevant filing system under the Data Protection Act 1998, so I would suggest you include info which you specifically want under the Civil Procedure Rules Overriding Objective and Pre-action Protocol Practice Direction as I have done in my list 1-14 in the example sarn letter. An MJO could have been taken out at the time of repo or afterwards, providing it falls within the 12 year limitation period. If, however, more than six years have passed since issue then the creditor would have to obtain leave to enforce from the courts and, unless they have a very very good reason for the 6 year delay they are unlikely to be given leave. This is the way I understand it. Please double check everything though with a competent qualified lawyer, which is what everybody should do with everything read on this site. If more than 6 years have passed since issue of the MJO then I doubt the court will hold any record of it, as I believe they keep them for only 6 years. The only record then (if it exists) would be with the lender (providing you haven't got one in the loft, of course). Best place for it I think.
Mark.