I have now been corresponding with Eversheds on behalf of Abbey National since April 2000. I have repeatedly asked them to provide documents and answer numbered questions. Their response is to just ignore me for months at a time. In their last letter they claimed they had now answered all my queries and provided relevant documentation. My reply pointed out the documents that I still had not received and the questions they had ignored. Yet again, they’re ignoring me. Will this ever end? Can I not do anything to make then ‘put up or shut up’? as this is hanging on my credit file and I can’t move forward until this is resolved.

-- Bev (bev100@genie.co.uk), April 29, 2002

Answers

Sounds to me as if their tactics are working Bev.

Hang in there, and keep doing what you are doing - they will eventually get p*ssed off and start making bigger mistakes in their letters to you - will give you more to work on.

You could accuse them of protracting the matter for a start (assuming you haven't done so already).

Why is it hanging on your credit file?

Stephen

-- (stephen.pooley@ntlworld.com), April 29, 2002.

Hi Bev,

Same thing is happening to us but with Hammonds, Suddards & Edge. However having just served a SARN on Bradford & Bingley I note that it all the solicitors do is pass the correspondence to the Building Society who then take about 3-6 months to answer our questions and then come back to the solicitors to answer for them. They are just the puppets in the middle. It is no problem for us to wait for them to answer our questions, they come back and then we present them with a whole new set of answers - don't let them get you down the longer time goes on, the closer it gets to the end of them being able to hound you.

-- Chris (chris@anon.co.uk), May 02, 2002.

Eversheds and Abbey are a Joke, I have been in correspondance with them for three years, and we still are no further forward. In my opinion every day that goes past is another foot of rope for them to hang themselves with, as surely if this is such a serious matter m'lud, they would have acted without this delay, and provide me with, documentation that I requested in accordance with the CPR. This delay has also given me time to gather some excellent evidence, including the fact that my property was sold to an Abbey employee (yehee!!!!), and, I kid you not, I have secretly filmed with sound, an Abbey National Mortgage advisor in a branch, whom informed me, after I had asked, that the newer MIGs do indeed protect the buyer, (Wahayy!!), therefore I cannot wait for these people to proceed against me and show them up for what they are, I have not mentioned any of this in my correspondence with them, as I would rather savour the look on the AN representatives' face in court when I present this evidence. I hope that Abbey/Eversheds read this board, as this will surely turn every summons issue into a nice game of Russian roulette, Bring Em On!!!!!!!!!!!!!!!

-- Because Life's Complicated Enough (Ceeby@hotmail.com), May 02, 2002.

Wow! It's amazing what you can find out. The only thing that you might come across is they won't let you use secretly filmed evidence in court as, under new DPA rules, you have to advise people they are being filmed or taped beforehand - but it makes you think doesn't it! My fiance, the one being chased for the shortfall, has been in correspondence with B&B and then HSE for 5 years now! No shorter than over 15 threats to take him to court, ruin him (mind you he has no property as it's in my name, no car as he lived with his parents and no savings). As you so rightly say let them carry on - hassle for us - not with this fantastic site - if they had sure fire proof of this debt they would have taken him to court long before now - I know if someone 'allegedly' owed me £38,000 I'd be after them for it much more quickly.

-- Chris (chris@anon.co.uk), May 03, 2002.

Having made the same assumption myself about taped/filmed evidence in the past, I did some checking...actually you can present it as evidence (under the usual disclosure rules) but whether it's admitted as evidence by the judge is a different thing. Given that AN (and all the other Lender's) allegedly seem to deny their representatives mis-sell and have mis-sold the MIG's, I would guess that this would be considered incontrovertible evidence to the contrary - and is therefore admissable. Nice one!

-- Too scared to say (iwasduped@yahoo.com), May 03, 2002.

Ceeby........

Did the A.N, under-sell your property by any chance? If so I presume you have challenged them about it ! Was the A.N.'employee' buyer in a position to know about the repossession of your property through their work? If so, it certainly won't look good in Court will it?

Keep fighting, Joy.

-- Joy (fightingback@harker.go-plus.net), May 03, 2002.