No MIG or Morgage deeds (Abbey National/DLA)greenspun.com : LUSENET : Repossession : One Thread
I sent a letter on 22/01/01 once again asking the DLA to send me a copy of the MIG and the Morgage deeds. Wednesday 24/01/01, recieved a reply today saying that their client has not got a copy of the Morgage deeds and if i want a copy i should apply to the land registry office. Is this true? Also if they have no Morgage deeds no money judgement order what are they basin their claim on? Once again they refused to send me a copy of the Mig policy. They have suggested that i seek independent legal advice now as they have been instructed to issue legal proceedings. They have also said(on the morgage deeds) that they fail to see how they prove their clients claim. They keep asking me am i denying that i ever had the mortgage. Are they trying to get me to own up to this Mortgage? Does this mean that they have no proof?
-- Gary Gudgeon (email@example.com), January 24, 2001
You should reply that:
"You note that they are regrettably still refusing to provide you with copies of the documents on which they base their claim.
As a result, you are unable to confirm the terms and conditions on which the contract was set up. As a result of that you are unable to verify the basis on which they are making their alleged claim.
You note that their refusal appears to be in breach of Civil Procedure Rules.
You look forward to them reconsidering their unfortunate approach and sending you the evidence you have requested so that you can speedily process their claim."
Gary, they are a big, powerful organisation with lots of resources who want lots of money from you. So why do you think they are being so slow to act in their own interests?
Answer: because they *are* acting in their own interests. To give you this documentation would not be acting in their own interests.
Chances are that it would only be in their own interests to give you full proof if they were planning to take you to court, where you could require them to give you full proof. (Actually you would require them to show you full proof after they start a claim and before it comes to a court hearing but I think you get my point).
-- Lee (firstname.lastname@example.org), January 24, 2001.
I think you should be clear that you are asking to see the mortgage deed (& conditions) and not the title deed. (But of course they know this. They are obfuscating.)
I know of others who have had the 'are you saying you never had a mortgage?' response. This is a disingenuous response, but of course it's an interesting one because of its lack of focus on the real issues raised by you. Take Lee's advice, is my advice. And good luck & all best.
-- Eleanor Scott (email@example.com), January 26, 2001.
It appears that we are both at the same stage of "negotiation" with the same people. I e-mailed land registry at their web-site yesterday regarding mortgage deeds. I thought you might be interested to know their reply which I received today as follows :
"It is not usual for us to give office copies of Charges,especially when they are no longer registered. However,if your solicitors writes to us explaining the reason they need a copy of the Charge and state who they are acting for,then one of our solicitors will consider the application. This service incurs a fee of £8.00."
So there you have it. It appears that we must employ a solicitor in order to get a copy, bugger that - I'll take Lee's advice and write another letter.
Keep up the fight,
-- (firstname.lastname@example.org), January 29, 2001.
In response to S. Pooley's message.... remember that the people you need to be writing solicitor's letters to is the lender or its lawyer, not to the Land Registry.
This is because it is the lender that is making a claim against you, not the Land Registry. Civil Procedure Rules therefore require that the lender co-operates with you in supporting its case. The rules do not require that a completely separate organisation (the Land Registry) should prove the lender's case for it.
Equally, there is no reason that you should be paying third parties money to supply documents that the lender making the claim should itself possess and which the lender itself should supply as part of proving its claim.
-- Lee (email@example.com), January 29, 2001.