Bristol & West Court proceedings to begin today if no repayments arranged!!!!greenspun.com : LUSENET : Repossession : One Thread
I sent a SARN to the BS on Firday and a letter asking for more information to their solicitors Osborne Clarke at the same time. I have not received SARN resposes yet but I have received back a letter from Osborne Clarke which goes as follows: Thank you for your leeter of 17 August.
We enclose copies of the Mortgage Deed, Completion Statement and Order for Possession.
We have requested further information from our clients to address the other queries in your letter.
For the avoidance of doubt please note that court proceedings will be commenced after 22 August in the absence of satisfactory repaymnet proposals, as we are satisfied that our clients claim is wholly sustainable.
Yours faithfully Osborne Clarke
So wht is going to happen if we do go to court? We still wont have any money and there seems no point in making my husband bankcrupt as he has no assets to sell. We live in housing association property. I'm not sure what to write back to them as regards a sttelemnt offer as I dont want to committ ourselves to something we couldn't afford.
-- Kate Jones (email@example.com), August 22, 2001
The old "pay up be such & such date or else" trick! Please don't worry too much, it's a tactic they use in order to get you to admit liability by making an offer. Been there and beyond (and still no summons/court claim).
I know it's easy to say this, but if you have no assets then what can they do? IMHO the court wouldn't make you pay any more than you could afford, and it's basically not worth the hastle to your chasers.
Just write back and tell them that there is absolutely no need to waste the "valuable resources" of the court - all they have to do is comply with your wishes to "satisify yourself that their clients claim is wholly sustainable" by forwarding the following documents without delay. Then list all documents you wish to see.
-- (firstname.lastname@example.org), August 22, 2001.
I agree with Stephen's comment. If you get another letter like this (and please do save all these letters in a safe place!) you may well have a case for harassment. It's worth having such a file as future ammunition.
It's just a stupid game lenders and their agents play - and the game's intended to intimidate, distress and alarm you.
-- E Scott (email@example.com), August 25, 2001.