court papers 14 days to respond

greenspun.com : LUSENET : Repossession : One Thread

Bradford and Bingley have now passed on my file and today I have received a claims form from Leeds County Court.The last letter I received from Hammond Suddards Edge told me that because I disputed the selling price of my property, I had to send a retrospective valuation from the time of the sale to prevent them taking me to court. I wrote to the land registry and for the cost of 10 they supplied me with the actual average selling prices for the time of the repossession for the area in which my house was in by post code. I feel that as the average sale for my type of property shows to be considerably more than the actual price they sold it for is enough to dispute their claim. Is this enough?? I feel sick with worry that it has now come to this. The shortfall was 14k now they have taken it up to 2121,725 with interest and court fees, any advice would be greatly appreciated xxxxxxxxxxx

-- Debbie Beal (sweetnsmartfemale@yahoo.co.uk), September 04, 2003

Answers

Debbie,

I think you need to get some professional legal help at this stage, e.g. NAMV, Mary Ward Legal Centre. It's difficult to give an opinion on what to do with so little info to go on. Has the lender been put to strict proof ? Have they been sarned ? When did you first default ? When was the property repossessed/sold ? Was it a joint mortgage ? Did anyone acknowledge the debt ? When did the lender first contact you ? When did you contact the lender ? Are you still within the 6 year time frame to use underselling as a defence ? etc etc.

Remember lenders and debt collectors read this site.

Mark.

-- M Amos (idgroms@hotmail.com), September 04, 2003.


As Marks reply,

Seek professional FREE help NOW! i.e. immediately as there is only a limited time to file a defence.

Do not try to do this yourself due to the impending court action.

Good luck

-- fairer financial world (fairerfinancialworld@hotmail.com), September 04, 2003.


Or, if you can, make a "without prejudice" full and final offer for settlement if you are that concerned and arent particularly confident of winning. I got a summons then settled before the hearing, just another option, obviously depends a lot on your situation and the lenders perception of your ability to pay......Good Luck!

-- Neil (neilaw_uk@yahoo.co.uk), September 08, 2003.

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