Eversheds LLp have sent me county court suommons for the shortfall of £52,000 after reposessing my house in 1996. Pls anyone advise me of what to do before I send the response to the court. Should i accept the debt or send an offer with the expense/income info. Should I attend the courts and explain to the judge the problems i was facing since 1990. Pls..pls answer me as i have only got few days to send the form back. Thanks very much.

-- rajes siva (siv.rajeswaran@ntl.com), November 17, 2003

Answers

Rajes,

I think you should obtain professional legal advice as a matter of urgency, you could, in the first instance, contact Ahmed Butt of the Mary Ward Legal Centre, he is a very good debt advisor (tel. no. 020 7831 7079). Whether or not you accept the debt depends on whether you think it is fair. Did the lender undersell your property ? Did the lender market your property correctly ? Have they justified all the costs ? Who did they sell your property to ? An employee of the lender/estate agent ? Have you put the lender to strict proof of the alleged debt ? I suggest you read my answer/s under the following recent postings "Abbey N, Eversheds, Mr Fear" dated Nov 3 & "Indemnity Policy" dated Nov 7. I would certainly consider making an "ex gratia" offer, this is usually the best solution, but please check with a professional, if Ahmed can't help try the NAMV, or CAB. Some councils also have specialist advice units which can help too. You may also qualify for legal aid. Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), November 19, 2003.

Try this link for some excellent examples of how to handle their claim

http://www.home-repo.org/

Read all the letters, ask for information, stick to your guns

-- Mark (ctyeandco@aol.com), November 22, 2003.