Background - I have a mortgage indemnity claim issue in progress (pre '89 agreement, claimed in '91 - Halifax repo.). I ignored the first two contacts by the RSA's solicitor but after the third decided to respond with a request for all documentation with respect to their claim (detail as advised by the Home-Repro website, sent recorded delivery). Also, two weeks ago I dispatched SARNs to all associated parties (including the solicitor). The solicitor totally ignored my letter and SARN, and sent me another letter with a Statutory Insolvency Demand. I gather (from browsing the web) that my next course of action is to apply for Set Aside of the Demand. Incidently, to date I've had no response from any of the SARNs.

Questions - 1. How exactly do I apply for 'Set Aside', do I need court forms, where do I get them from? 2. What happens after I'm granted 'Set Aside'? 2. Is the court interested in the fact that the solicitor has wasted their official's time because they (the solicitor) knew that I disputed the claim before they raised the Demand? 3. At this stage, because the court is involved (of sorts) can I ask it to demand the documentation that I already asked for? 4. How do I make progress with the SARNs; who do I contact to complain?

Further - As well as the standard defence arguments that are well described on the Home-Repro website, I have two documents which I intend to use to help my case (if the RSA are foolish enough to take this to court): 1. a letter from an agent of the Halifax stating that my debt was clear with respect to the mortgage, the Halifax and its 'Agents' (is the RSA an agent of the Halifax?). This letter was asked for and supplied when I paid off the shortfall seven years ago. 2. a form (that I had to sign) issued by the agency that arranged my mortgage that describes a MIG and its cost; it makes no mention of liability on the part of the borrower. Are these documents of significance?

Please note that there is a time limit on my application for 'Set Aside' any help is needed quickly.

-- Richard Butler (rbutler@e-burystedmunds.co.uk), April 09, 2001

Answers

I would respectfully suggest that you take several photocopies of these 'documents', and keep the originals in a safe place, as they sound extremely valuable to your case.

I think all readers of this website would be very interestd in, and probably able to commment more effectively on, the MIG aspect, if they knew the content of the 'description' of the MIG in the letter you describe. This could be of vital importance to others too.

Of course now the solicitors have gone 'legal' they have a duty under the latest Civil Procedure Rules (CPR) to provide you with ALL documentation 'up front'/PDQ, not least as you previously sought access to it via the SARNs which have not been complied with.

There is also the issue of undue delay by your opponents in bringing these proceedings, and there is recent Court of Appeal comment (Feb. 2000) for this, although the actual case is not to hand - hopefully others will pick up on this and help you.

Please keep the THRP site posted of all progress/developments, as it is only with the benefit of ongoing information, that others can provide you with assistance and guidance.

Good luck & stand your ground - Vic.

-- Vic Harper (victorcharper@aol.com), April 10, 2001.

I'd be interested in the basis of the claim, because I thought the MIG exists, contractually, between the Halifax and the RSA, you're effectively a third party to it who has funded it. [But like we all say, I'm not a lawyer.]

This is a real contrast to the way my claim went. When I asked about the MIG I was told if was nothing to do with me!

I'm looking up SIDs this afternoon and may comment further tomorrow.

good luck

-- Andy Turner (andy.turner@ramesys.com), April 11, 2001.

Easier to find than I thought.

A key question would be: is this in respect of any existing court order, as that makes a big difference. The bias of the notes suggest to me that SIDs are normally used following a judgement, not before.

This is lifted from the Lord Chancellors department website [www.open.gov.uk/lcd/lcdseafr.htm] See section 12 on set-aside, the following is item 12.4

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Items 12.5 and 12.6 onwards explain how to do this.

My advice would be to talk to a solicitor and if necessary spoon-feed them the above, but on the basis of your documentation I would think you have in the very least 'a genuine triable issue'.

Remember you have only 18 days to respond or submit for an extension.

-- Andy Turner (andy.turner@ramesys.com), April 11, 2001.

Doh. I put marks around the quote to differentiate them, and for some reason they got omitted. Sorry. Section 12.4 is below

Where the debtor (a) claims to have a counterclaim, set off or cross demand (whether or not he could have raised it in the action in which the judgment or order was obtained) which equals or exceeds the amount of the debt or debts specified in the statutory demand or (b) disputes the debt (not being a debt subject to a judgment or order) the Court will normally set aside the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.

-- Andy Turner (andy.turner@ramesys.com), April 11, 2001.

Visit your local county court and get the necessary forms from them. You'll have to pay a fee.

-- pendle (pendle@amun-ra.demon.co.uk), April 11, 2001.

Lee, I can't reply to your email address to say thanks, even the links on the repo website don't seem to work (for me). Anyway thanks, and this is how I've progressed (I've given detail to help others)...

I got the Set Aside forms from the court (two free, scrappy, non user friendly documents) and got my friendly solicitor from the Citizens Advice to help me fill them in (I didn't want to make any mistakes). I have to deliver them to the court with an affidavit - a written declaration of honesty (to which I'll have to swear, in person, in the court office - apparently a 5 minute, no appointment, in and out job). It is on the affidavit that I have to set out my reasons for application for Set Aside (there is no space or requirement to do so on the forms). I've been advised that I will certainly be given Set Aside for lots of reasons (because my letter to the solicitor was ignored, the letters I posess as mentioned in my original question to the repo website, and all the other good reasons as detailed on the site). Once I get Set Aside a date will be set for a court hearing. It will be interesting to see if Curtis/Royal Sun want to continue wasting their time and money. I'll be posting the results of my application for Set Aside on the Repossession Board - the solicitor said that the application will take weeks/months to process.

Rich

-- Richard Butler (rbutler@e-burystedmunds.co.uk), April 13, 2001.

Richard I came to this letter through the posting "Nationwide/Eversheds. Are you able to give an update on what has happened since? Apologies if you have already done so; in which case I would appreciate a pointer to the posting. George

-- George Matthews (george@gmatthews22.fsnet.co.uk), September 18, 2001.

whenever you recieve a document proposing payment of a debt issue a data request to the company involved telling them that you will be seeking clarification of the legality of the demand and their compliance witn the data protection act and in accordance with the human rights act. this will delay proceedings if used properly fo up to 1 year. We have three judicial reviews in process clarifying the abuse of human rights of the courts in not allowing you to question the legal;ity of the debt in line with legislation and not allowing time for the statutory times involved. you can always join us in a multi party review.

-- lester (aggrievedlitigants@hotmail.com), June 15, 2003.