On reading this site month after month I got the impression as did probably everyone else that court was the last place building societies wanted to go but how wrong. I have literally carried out everything as per your advice, requestings docs, making full & final settlement offers (Without admitting liability) just to have numerous offers thrown back in my face & they dont provide evidence to support claim just ignore my letters. Court papers arrived still continued to exercise my rights to no avail. Building society have stated they want a hearing & have applied for a summary judgement. But why I am on income support with 4 kids for which they know this, so what are they expecting to get. No matter what offer i make they just seem hell bent on there being a court case, but this seems madness. Any ideas what they are up to? cally.

-- cally dodd (callyd728992@aol.com), November 17, 2001

Answers

If we could pre-empt what the lenders will and won't do with shortfall claims, it would make life easier for all of us!! Unfortunately in your case, your lender has decided to go to Court.

The lender cannot force you into paying anything until they have a court judgement against you. That makes things easier for them.

I would suggest that you prepare yourself for the court hearing. You don't have to go alone, you can bring a "litigation friend" - someone to talk on your behalf if you want to.

Bring all your papers, the letters you have written, the replies etc and also proof of your income, just in case you need it. If you want to know more about what happens in court, then you can get leaflets from your local court about it.

If the lender gets their judgement, then something they can do is get an oral examination. This is where you provide, under oath, details of all your income and outgoings, including insurance policies you may benefit from in the future, inheritances etc etc.

Make sure you put your defence into the court as soon as possible, as you do have a limited time. If you can show that you have tried to co-operate and the lender isn't playing ball, it will all go in your favour.

Good luck

-- pendle (pendle_666@yahoo.co.uk), November 17, 2001.

Can you tell us the name of the lender? There is one in particular that at the moment is pursuing a number of ex-borrowers of very limited means through the courts, and you could all perhaps benefit by being in touch one another. A further point - this expensive pursuit of people who can never hope to pay, even if the court finds in the favour of the lender, is a total waste of shareholders' money - and could & should be pointed out at the next AGM.

-- E Scott (eleanor.scott@btinternet.com), November 21, 2001.

The lender would'nt be Nationwide and their solicitors be Eversheds by any chance? If so mail me Im in the same predicament myself, going to court very soon.

Regards Daren.

-- Daren Otsay (darenotsay@blueyonder.co.uk), November 21, 2001.