have followed advice off site but have got no where what now?greenspun.com : LUSENET : Repossession : One Thread
building society have been pursuing me over a shortfall which i totally dispute, have follwed advice from site politley sending i 7 e forms back & stating that i will not provide any of my details until they prove how they got to the outstanding amount of the shortfall however even though i have done all this they don't seem at all bothered & they have now issued me with a claim form giving me 14 days to complete all my personal details which basically is like the i & e form but just abit more in depth. this claim form has come from the courts so how can i not fill this in, if i have got to complete this i might as well of just filled in the i& e form at the beginning. i have seeked legal advice & because i can't actually afford to pay anything & they know this they have stated that they are going to make me bankrupt. i cannot understand this as from reading the site i got the impression that the debt etc had to be proved first but not according to the paperwork i have been sent from the courts. the outstanding amount has now increased some what to include court costs & solicitors fees. the 14 days are now running out what does any one suggest. has anyone using this site managed to actually win a case or at least come to a sensible conclusion. according to one legal avenue i used i was told you owe the money & thats that & there is no point in fighting it as the building society will win in the end anyway especially if it goes to court has any one actually got to this stage & been taken to court & if so what was the outcome. many thanks
-- sunita (firstname.lastname@example.org), September 24, 2001
If todays claim forms are anything like an old style summons, then the section for filling in I & E details is only completed if you admit owing the money,(which you don't?), and you need time to pay (installments etc).
IF this is a genuine Claim Form, I presume it should be stamped by the court, there should be information on it for filing a defence and/or counterclaim. If you want help With this then I, and I'm sure others on this site can assist. Good luck
-- (email@example.com), September 24, 2001.
What typical crap legal advice you've been given. Get to another solicitor - even the CAB - and get help completing the form. You need to file a defence.
I 'won' my case in that I settled it before it went to court. Believe me, they didn't want to take me there. I paid £1500 in full settlement of an 18,000 shortfall. If it was a simple as your legal avenue stated, ie. 'you owe the money and thats that', why would they have settled? I know a number of other people who've been in this situation and had similar outcomes.
Don't be bullied.
Andy ps: I'd love to know the name of your legal avenue. Why not mail it to me and I'll call them. Its total bollocks advice.
-- (firstname.lastname@example.org), September 25, 2001.