CPR, Disclosure, Summary Judgement, What Use Now?

greenspun.com : LUSENET : Repossession : One Thread

Briefly: I acted as Mortgage Guarantor in 1989 for my daughter and then husband. All forms sent me in post by Bristol and West. I live 250 miles from them. I paid MIG premium for extra sum raised. No advice or info on policy from BS. Daughter and husband seperated in late 1990, daughter went voluntary reppo in May 1991. Nothing heard from b/s until 1996, letters stopped 3 months later and restarted in 2000!. I have been asking since 1996 for Mig Policy,Mortgage Deed (which I did not sign)and valuation reports on resale (10000 less than 2 yrs previous). All to no avail but the M Deed is lost or they wont produce original. Instead they produce "office copy" on which my name is typed and supposedly witnesses at a solicitors in Exeter. Also rear of document (Guarantors Covenants) has my Typed name and a witness I have never heard of. Anyway May 2001 they issue a claim through the court for shortfall.

Case management Conference arranged for last week and b/s filed for summary judgement on the grounds that I had no reasonable defence. Judge agreed. (I was expecting it to be passed to full hearing)

As I was a guarantor and did not contribute to payments I virtually had no right to anything despite the b/s say i am the Principal Debtor. Did I contribute by paying the premiuim for the MIG which covered the extra 11000 on top of the b/s offer? To top it all I discover that my ex son in law had offered 1500 in full and final settlement on an alleged shortfall of 21000 and they have accepted (before case meeting). Judgement went against me for the lot and a Money judgement order issued.

Now I would like to appeal, depending on costs, as they disclosed nothing and I asked for everything recommended on this sight.

Footnote: I received a letter from the summary judge on saturday saying that the judgement is stayed until a further part hearing on 14th December as he would like to examine wether I have been comprised by the discharging of the ex son in law from liaiblity.

Anyone any good at contract law as the b/s conditions talk of all parties being "jointly and severally" responsible.

I am angry and annoyed that they were able were to by pass disclosure and did not even supply an answer (asked for by the judge prior to the meeting)to why as members of the CML they were pursuing the debt after 6 years.

Do I have any recourse. I queried the misrepresention/ miselling of the MIG. No Response. I asked whether the monies sought under the Mig were really a debt in simple contract as no title deeds or property were involved and if they were out of time. No response to that.I asked why no M.Deed with my signature and the judge said he did not think the b/s would submit it without signatures and that it was lost / sewn into the next buyers file.

Any Advice grateful


-- Ron Evans (ron@evansr19.fsnet.co.uk), November 11, 2001


Have you thought about contacting Carol Riley at NAMV?

Ask me if you need their latest email address.

-- E Scott (eleanor.scott@btinternet.com), November 17, 2001.


Thanks for your email - my reply didn't get through to you, though, so I'll try again via this board.

The latest email address I have for NAMV is n.a.m.v@Talk21.com - and I am told that there will hopefully be a NAMV website soon.

-- E Scott (eleanor.scott@btinternet.com), November 21, 2001.

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