Have been advised by ex lender that they do not hold copies of these on their records and therefore cannot provide us with copies we requested. Have had response to SARN but still waiting to receive other requested info. Any suggestions/ideas on how we respond? Any guidance would be appreciated - thanks.

-- (faydupp@hotmail.com), November 11, 2001

Answers

If they have no copy of the Deeds and have no MJO then they, in my opinion, have no case for you to answer.

They must have proof to say that the debt is just and that you are liable. If these documents are not available I would ask on what grounds they are requesting payment and that documentary evidence must be given before any dialogue can be entered into.

Hope that helps.

-- Matt (mattyc@ntlworld.com), November 11, 2001.

Thanks Matt. Possible problems for us could arise from the fact we had fallen into trap of having made small monthly payments for some years before questioning. We've read the section about 'resile' and hope this would be applicable. Wish we hadn't allowed ourselves to be so intimidated but easy to say that now with a little bit more knowledge and hindsight.

-- (faydupp@hotmail.com), November 11, 2001.

Hi,

Whos's the lender, and which records do they say they dont have? The mortgage deed is a very different beast from a MJO.

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

Lender is Mortgage Corpn. They responded to my first request for both these docs by telling me I could get Mortgage Deed from Land Registry and MJO from court. I had no success with either of these avenues and reverted to MC asking them to provide copies they had or at least details of the court that granted the MJO. Their reply was they had copies of neither. Not sure which way forward for us now. Any suggestions welcome.

-- (faydupp@hotmail.com), November 21, 2001.