Eversheds/Natinwide-refusal to supply breakdown of trasactions on mortgage accountgreenspun.com : LUSENET : Repossession : One Thread
This morning i have recieved another letter from Eversheds refusing to supply breakdowns and proof of transactions stated on the mortgage account. And have now been instructed to proceed 'post haste' with the claim in the county court.they have refused to supply invoices/receipts to prove valuations, general costs, solicitors and estate agents fees also calculations to show how arrears costs and arrears charges etc have been calculated.What should I do now? Regard, Gary
-- Gary Parton (email@example.com), July 06, 2001
I presume that the 'threat' to go to the county court is an unsubstantiated one. What you should do is write back and politely ask, again, for all the documents.
You are entitled to see them and they would have to produce them in court anyway.
You could ask why their understanding of the Woolf reforms does not include disclosure of documents.
-- Matt (firstname.lastname@example.org), July 06, 2001.
Hi Matt, thanks for your advice it was very much appreciated.I did follow your advice and after replying to there letter dated 5th July (I replied on the 6th)asking them for breakdowns of the costs and charges I recevied a further letter dated 10th July stating the court claim form has now been filled in and sent to the county court.They have also supplied the court with acopy of the mortgage account, mortgage deed,mortgage conditions 1987 and a copy of a statment of account from Shoesmiths and Harrison I know this because I have now received the claim form from the county court. Is this enough imformation for them to win thier claim.Any information would be much appreciated. Regards Gary
-- Gary Parton (email@example.com), July 19, 2001.
I am afraid that I cannot help with the question of if that is enough for them to win - that is up to the judge.
Get in touch with Carol Riley at the National Association of Mortgage Victims on 01889 507394. She will be able to assist and perhaps even point you to a good solicitor. If not, I understand that she will contact the solicitor and tell them exactly how to defewnd the claim.
There is, further down the Q&A page a list of what to do when you get a summons - Anyone out there remember exactly where it is?
The only thing I pick up o myself from the details you have given is that it is most strange that they refuse to give you copies of documents to prove their case before you might negotiate with them, but they then seem to be quite happy to supply these to the court. What do other think?
-- Matt (firstname.lastname@example.org), July 19, 2001.
In my opinion, which is an amateur one, if the claim form has been sumbitted to are now entitled to see all the lender's evidence under "disclosure" rules. You also need to file a defence and counter- claim. This could be underselling of your repossessed property, for example. You need to ask the court to make the lender pay its own costs even if it wins, because the lender breached Civil Procedure Rules by failing to allow you to evaluate its claim properly and thus negotiate an out-of-court settlement. Show the judge all your correspondence with the lender in order to prove this. The lender *should* want to reach an out-of-court settlement. On the other hand, if you have no money, then the court, even if it finds in the lender's favour, can only tell you to pay a piddling amount to the lender each month. The whole thing is a waste of shareholders' money.
-- E Scott (email@example.com), July 20, 2001.