Edwards Geldard. Trying to make me bankrupt NEXT WEEK

greenspun.com : LUSENET : Repossession : One Thread

Mortgage Corporation repossessed house 1992. In last year, Edwards Geldard been chasing for alleged shortfall, various amounts from 15000 to 28000. As advised by this site, have asked many times for proof,MIG, proof of sale,money judgement,SARN, etc.,but so far all requests been ignored.Served with statutory demand in early Dec 2004. Had case set aside after explaining to court was still waiting for this info.New date set for next week to try to bankrupt me.Written twice more to Ed Geld to ask for info.As still not been sent ,I have written to court to ask for further adjournment.Could not believe their reply. They said I have to ask Ed Geld for their permission!!! It is because of their inability to prove this debt to me that I asked for adjournment in first place. They are hardly going to agree to it while they hold all the ace cards.Would greatly appreciate any urgent advice from anyone. Also if anyone else has had similar problems with this "mickey mouse" company, please get in touch Many Thanks.

-- Duncan Gill (djg1964@btinternet.com), January 08, 2005

Answers

To answer the adjourment question first - yes, the court is right - either the hearinghas to be adjourned on a court decision, or by mutual agreement.

If the mortgagees have still not complied with the requests for information on the correct amount, then you MUST attend and ask for the matter to be either adjourned or struck out. See if the judge will give them a set number of days to comply or automatic strike out in default.

You don't say if this hearing is on a new Stat Demand, or whether it is an ordinary summons you are answering.

-- David J. Button (davidjohnbutton@supanet.com), January 08, 2005.


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