will they ever take us to court

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We had a shared ownership flat which we had volountry repossed in 1993 due to over crowding. THE Abbey would not let the sale go ahead as there was negative equity of about #1500. They would not let us borrow this on top of the mortgage we wanted in order to buy a house.

We could not get a loan from anyone else.

They have made all kinds of threats ad write to us every 10 months or so with slightly different threats. We are now in a council house and have repeatedly told them to take us to court. Does anyone think they eventually will. They know I am working partime and that my husband is self employed, I just cant be too sure that they are not just scare-mongering us. We have just recieved the new policy statement.

-- still stressed out (jkkerrigan@kerriganj23.fsnet.co.uk), November 23, 2000

Answers

We also told our collection agency to "take us to court". Their response: "We won't be held to ransom by you" !!! Make of that what you will.

-- Sue Gates (sue.gates@ntlworld.com), November 23, 2000.

Why don't you take your lender to court - for example, for failing in their duty towards you over the sale of the property or whatever - this forces the lender to enter a counterclaim and gets the matter into court where a decision can be made thatg brings the matter to an end.

-- David Button (davidjohnbutton@supanet.com), November 26, 2000.

I like that idea. You'd need a good solicitor to make your case for you. I don't know whether or not I'd have the guts to go ahead with it though!!!

-- pendle (pendle@amun-ra.demon.co.uk), November 26, 2000.

Ironically, if you were to sue Abbey you might have to show why your claim was not statute barred. I know, I know, it's terribly unfair - we only get 6 years to sue them they say they get 12 years to sue us. And they too often contact us just as 6 years is up.

I think that to sue the Abbey would be very expensive.

On the other hand, a well organised class action, co-ordinated, say, by a sympathetic group of backbench MPs, and operating on a no-win-no-fee basis, might work wonders. Especially a class action that focused on under-valuing, under-marketing and under-selling of properties.

-- Eleanor Scott (eleanor.scott@btinternet.com), November 26, 2000.


Thanks we might look in to the no win no fee situation to see where we stand

-- Lyn (jkkerrigan@kerriganj23.fsnet.co.uk), November 28, 2000.


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