Over the past 10 months I have asked Birmingham Midshires for everything suggested on this site and apart for the MIG policy, which they refuse to supply, everything else has been sent. So what do I do now? I dont want to accept liability for the shortfall of £24,000 so do I; tell them that I am prepared to go to court, offer them a small percentage of the shortfall amount, or is this the point at which I try to find a reasonalby priced solicitor?

-- Scott Jordan (chamber101@yahoo.com), February 05, 2001

Answers

What do you mean that everything has been supplied? Have BM sent you a copy of the Money Judgment?

Do not offer any payment until this debt has been substantiated.If they had a money judgment they would not need to take you to court they could rely upon the judgment. Everytime you make an offer to pay or complete an income expenditure form you extend the limitation period,that is why the association does not run the limitation argument. Do not use a debt consolidation firm after all why should you pay someone to negotiate a debt which has not been proven. A mortgage deed and covenant does not mean that their is a debt. feel free to phone me 01889507394

-- Carol Riley NAMV (NAMV@ukf.net), February 05, 2001.

Has the lender claimed to be in possession of the original mortgage deed? Even if it has sent you a copy of this, are you sure it has the original?

The lack of MIG documentation is worrying too. The lender has a duty to mitigate its loss, so the MIG *is* relevant. Did it claim on the MIG you paid for? How much? If not, why not?

good luck.

-- Eleanor Scott (eleanor.scott@btinternet.com), February 05, 2001.

Scott,

If BM have supplied everything this must be an absolute first for any lender. Ask yourself questions about the information that you have got. ie If you were selling the property yourself would you have felt that you got the best deal if you listed with an agent that *never* advertised the property? Would you have felt that the amount being charged for Solicitors fees was the best that you could have got. Don't forget these people have to show that they acted in your interests. Check the documents and then check them again. I usually find that this sometimes turns up areas where the lender has been negligent,fraudulant etc etc, but mainly prompts yet more questions as to their actions. If a document or letter is referred to check to see if you have that letter. If not, why not? what does it contain that they have "accidentally omitted it"? My point is don't just accept what they have sent, review it and question it. This is the purpose for obtaining it, not as the lender would have you believe just to slow the process down. The whole thing is big jigsaw. In many cases you don't have the luxury of having the picture on the box and yu have to put it all together to make sure you've got all of the pieces.

-- Tim Heath (tim_n_heath@hotmail.com), February 05, 2001.

I agree with all the points made by the other people who have responded to your post and would add that you haven't received the MIG yet. The fact that Birmingham Midshires is refusing to supply it is their problem, not yours.

So you need to do three things:

1) politely respond to their threats with a letter asking for a copy of the MIG

2) check all the documentation they have sent to you and look for errors/oddities (don't do anything about them other than to note them on a piece of paper and ask yourself if you have documentary proof of every cost they claim against you)

c) read the Repossession section and the Do's and Don'ts section, which include, respectively, a page on how to deal with lender refusals to supply documents and how to live with uncooperative lenders.

Lee

-- Lee (repossession@bigfoot.com), February 05, 2001.