County Court Summons - Mortgage Shortfall - Advice Needed Urgently, Please Help !!!

[patrickq1]

well done count
patrickq1

[patrickq1]

for jody it might be worth a letter express delivery to the solicitors involved that you are asking the LAW SOCIETY TO PUT FORWARD A SERIOUS COMPLAINT TO THE DICIPLINARY TRIBUNIAL for their failure to admit the neccessary information and trying to frustrate the claim
patrickq1

[PriorityOne]

Great result so far, Count.... well done !

[pt2537]

Great Result Count,

i feel rather guilty for not looking in sooner as i said i would in my email but i have been rather busy lately

keep us updated as things go

regards
paul

[jody123]

Hi Count,

Hope you had a restful weekend...and that this week will bring some letter from the solicitors...from our discussions I believe that you are entitled to Legal Aid and I would recommend that as soon as the paperwork arrives you go straight round to one in your area.

I would also consider contacting your local MP regarding the above point on Human Rights law...and also ask when the Draft Bill on amendments to the limitation act will be decided....particularly as it was put forward in 2001 - and your case would now be time barred had the rules been brought in when the bill was drafted...as would my friends....

Hey ho...

speak soon,

Jody

[jody123]

PatrickQ1

If I do the letter to the sols re the Law Society - will this not just antagonise the solicitors??

Jody

[tomterm8]

Yeah, it is great news.

[patrickq1]

i doubt it will antagonise them it will serve as a warning to them that they or if they are in breach then they would obviously reconsider their position as a letter to their watchdog does not go down to well and it has to be investigated they have some explaining to do on this one and i dont think they would want to explain what looks like them being in breach of the law societies principles of fairnes and transparency ,you will also get all the information if it exists,which i am inclined to think it does not
patrickq1
as i said they are chancers..

[jody123]

Patrickq1/Tomterm8/Priority1.PF2537

I've now posted on my thread with regard to my mates problem of non supply of documentation....

http://www.consumeractiongroup.co.uk...t-summons.html

can you let me know what you think??

regards,

Jody

[Count]

Hi All

Still no contact from solicitors or lenders with any further documentation. I am still waiting for the follow up letter from the court following hearing confirming directions and timescales given for production of the documents.

Jody thank you very much on your suggestion - I am going to arrange to see MP to find out where the law stands with Article 8 of the European Law on Human Rights
If the lender do not provide the information about sale of the property within the 6 year following repossession and they undersell it then they are denying legal right to counterclaim against them as the time limit is only 6 years and this apparently contravenes European Law on Human Rights.

Also by claiming that they have 12 years in which to pursue shortfall and there is only 6 years in which one can counterclaim against them for underselling the property is not level and fairplay playfield.

I am also thinking of preparing an article and my own video commentary on the shortfall issue which I am planning to use advantages of Web 2.0 and Internet Social Networking Sites and the power of Internet to raise as much awareness as possible about below the belt ruthless tactics lenders and their solicitors employ.

The way things stand at the moment with number of repossessions rising day by day there will be lot of people in a same situation 10-12 years from now if we let lenders get away with it.

Someone, somewhere, whether it is Government or Law commission has to take notice and recognise seriousness and implication of this issue and do something about it to make changes necessary and to regulate this properly and reasonably.

I would be very grateful to anyone who can help me formulate article and/or help me with comments and advise on the main points to mention in the video commentary.

Best regards

Count

[jody123]

Hey count,

have you heard anything further from the sols?? Has the judge issued the directions to produce??

Jody

[jody123]

You may also find this link useful - not sure if I've given it to you before, but it is interesting reading...

Limitation law and the six year rule

Jody

[SWIS]

Any update on this fascinating case count/jody ??

[car123]

Hi car123 here Can anyone tell me if anyone has had success with defence on cml policy on arrears etc or if there is a case actively using that defence at present

[jody123]

Hi car123,

if you outline your problem in your own thread I am sure someone will be along to give you a heads up on your options.

Jody

[jadzia.dax1]

Hi Count,

I have read this thread with much interest, i was just wondering if there was an update on this case?
I have a similar case so was wondering if it was a good outcome for you... i really hope so

[jody123]

Hi Jadzia.dax1,

I don't think that Count has internet access at the moment - I understand that he now has a court date for the end of this month and he is going to use waiver as a defence, will let you know more when I do.

Jody

[jadzia.dax1]

Hi Jody,

Thanks for your reply,

Have been reading your other post about your friend...good luck with that to

Jadzia

[marg41]

Thank you so much. To whom do I send the letter to Drydens the last in the chain or to No 2 Mortgage Services (Brittania), or to both. Copy to court or not. Registered I presume. The last payment on the property was 1996.
No 2 Looks good but need they comply now they have issued court papers. So many ? sorry, but very grateful
Thanks Marg

[patrickq1]

looks like you need furether help and you will need to do a CPR REQUEST i will bump this thread see if one of the mods can find someone to help further