Abbey/DLA ref Affidavits & Eviction Noticegreenspun.com : LUSENET : Repossession : One Thread
I would like to thank you for the help your site has given me date. Recently I recieved a letter from DLA about questions I raised with regards to errors in the affidavits and the time given (only three days) to vacate the property, prior to it being repossed.
They said I should have raised the issuse at the time and that it is now to late to question. Are they correct in saying this.
-- gerard burns (firstname.lastname@example.org), June 27, 2001
Yes and No. As usual with these things I'm afraid there isn't a simple answer, and as a non-lawyer it's impossible to say either definitively. You need to go and seek professional advice.
Some of the factors that get you to a Yes-its-too-late or No-its-a- fair-issue are as follows. It might save you and your solicitor time (and therefore your money) if you can consider and answer these points: 1. Time. When did all this happen? If too much time has elapsed you could be statute-barred from pursuing the issue, but I think this is only true in civil proceedings.
2. Legal Advice. What access to legal advice did you have at the time, and how were the affidavits wrong? If you can prove DLA knew there were errors in the affidavits, or if the documentation regarding the notice to vacate was factually wrong then you have a good case.
Final point to note is that THEY want YOUR money, so they can say what they like. You, equally, are entitled to ask whatever questions you like.
-- (email@example.com), June 28, 2001.
I'm sorry but I can't recall your previous posts here, which is no doubt due to current volume of traffic! Could you remind me which are your threads? Thanks.
-- Eleanor Scott (firstname.lastname@example.org), June 28, 2001.