HELP PLEASE court action on mortgage shortfall back in 2000

[PriorityOne]

PT2537 (Paul) is the one to PM for all things legal....

 

Also, the CPR letter needs to go off by rec. delivery...

[jody123]

Hi Muppet,

 

suggest you read this link...

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available (ignore what it says in the title of the url...this link will take you to the correct page.

 

will tell you your options and give you the correct form to fill in.

 

Are you going to file an Acknowledgment of Service while you wait for the response from HL? I would suggest sending all your letters by recorded delivery - in this way they will get them on Monday at the latest if you post tomorrow.

n.b. signed for could possibly get there on Saturday, but recorded delivery whilst more expensive, will get there on Monday - when there is more chance of someone being around to sign for the forms/letters.

 

Keep your chin up,

 

Jody

 

Tonycee - point taken about the 14 day "reasonable" time, but when you only have 14 days in which to obtain the information and reply, then I doubt the court would consider 10 to be unreasonable - particularly when the solicitors should have submitted much of the information when they filed the claim - or better still when they followed pre-action protocols - which in this case they did not....

[muppet2504]

hi all

happy new year

 

got part 18 back today it's all a bit much for me but they did have insurance and claimed £21,009.23 covers claiment only and says it doesn't cover shortfall and the rights of subrogation apply:confused:

 

I have till 28th jan to file defence

 

oh and no copy of deeds

 

HELP PLEASE!

 

many thanks

 

kellie

[sillygirl1]

A 'Right of Subrogation' means they can claim twice, once from the insurers, who are actually insuring THEM rather than YOU and then from YOU as you are not really insured.

 

It should really be called a 'Wrong of Subrogation' as it is possibly an unfair clause..... somebody else more informed will be along later.

[muppet2504]

hi sillygirl1

 

Thanks for that think your right seems a bit unjust

[sillygirl1]

Thanks, but the law. the quote Charles Dickins "Is an ASS" and still is......

 

Maybe you can tip my scales in return.

[riadom]

Hi,have read with interest the above posts as I too am being contacted by HL Solicitors. I have attached the letter received today which was franked on 21 Jan. Can they go ahead and get either the attachment of earnings or sale?!!!

they reduced the interest from £57k to £32 and have put a 'Charge' on the house.

Any help gratefully accepted.

Thanks

 

Here is the extract: Date 18 Jan 2008 (Franked 21 Jan)

 

It is disappointing to note that we have not received your proposals for settlement of the judgment ordered.... March 2007

You will appreciate that in the absence of a suitable payment arrangement our client is left with no alternative but to proceed with further action...Such action is likely to conclude the Application for an Order of Sale in respect of the property known as (Our current address)

As an alternative course of action our client may proceed to make an Application for an Attachment of Earnings Order.

It is imperative that you give this matter your immediate attention and we would suggest that you telephone... at the earliest possible time. The aforementioned will then proceed to outline the various payment alternatives to available to you.

In any event we require your response by 10am of 25 January 2008.

[muppet2504]

hi riadom

 

i'm sure i read somewhere that they can not touch your house if you have kids.

not sure what to do about mine going to try a settlement over 5 years not for full amount as that would be impossible

 

kel