Dibb Lupton Alsop "Documents? We ain't got none!"greenspun.com : LUSENET : Repossession : One Thread
Extracts from DLA letter received 23 Feb:-
"We have responded to your queries in past letters and have provided all the documentation we hold."
The only documentation we have to date are a Properties in Possession Questionaire & Inspection Report, issued to the estate agent by Abbey National prior to sale. The estate agent's invoice. A couple of repair invoices, and mortgage clauses 1983/1989/1990 (presumably representing the Terms & Conditions asked for in previous letters). No sign of anything else asked for i.e. mig/money order/deeds etc etc.
Our question - Do you think, in the light of what they have said regarding documentation, that we should cut out the middle man and go straight to Abbey and ask them for the required documentation. This is, without further opinion, the path we are thinking of taking.
They have also, in the same letter,reduced the alleged debt by more than half on condition that we pay up in 7 days, , or legal proceedings WILL be commenced.
All opinions and answers appreciated.
-- (firstname.lastname@example.org), February 26, 2001
Yes, write to Grabbey National direct asking for documentation in view of the pending court case threatened by DLA in their letter of xx (copy enclosed). Put a copy of DLA's threat in the letter to Grabbey and copy the letter to DLA too.
By doing this you are making sure they have been requested to play by the Civil Procedure rules.
Separately, serve a DPA Subject Access Rights notice on Grabbey. It may help you gather more info when you receive the probably inevitable refusal for docs from Grabbey.
-- Lee (email@example.com), February 26, 2001.
Unfortunately, your experience is by no means unique.
It provides yet another real life example of why Mike Hancock MP's Early Day Motion takes the form it does:
"EDM 62 DEBT RECOVERY 07.12.00 Primary Sponsor: Hancock/Mike That this House denounces the unacceptable tactics used by lenders, specifically Abbey National Bank, to try to force settlements on debts which they will not properly substantiate; notes that such tactics breach the Mortgage Code while lenders are not being held to account; condemns mortgage shortfall debt recovery by lenders like Abbey National Bank many years after repossession; and therefore calls upon the Government to take the necessary steps to ensure borrowers are given the protection they deserve from lenders intent on maximising their profits at any expense."
I understand that Mike Hancock, Geraint Davies, Nick Harvey, Bob Russell, Tony Benn, Steve Ladyman and Phil Woolas are just the latest MPs to 'take on' lenders on behalf of constituents.
Mike Hancock's EDM can be viewed at: http://edm.ais.co.uk/weblink/html/motion.html/ref=62
This is a national scandal.
-- Eleanor Scott (firstname.lastname@example.org), February 28, 2001.
Stephen (and others),
This is now a pattern which we are beginning to see more and more of, but fortunately this web site (HRP), various support networks and MPs have started pushing for answers.
Please refer to thread above, headed 'Denied proof and evidence by your lender?'
-- Eleanor Scott (email@example.com), March 10, 2001.