Please could you help me organise a reponse to a letter received from Eversheds on behalf of Grabbey.

I have made several requests for the mortgage deed. Their latest excuse for not supplying it is "Our client has a mjo. Accordingly, the bank need place no further reliance on the deed to prove the debt as the debt has already been proved to the satisfaction of the court".

I do believe that they undersold the property. They failed to obtain damp and wall tie reports (which they admit to in their response). Obviously I am not an expert, but I would expect that with this lack of information, how could the surveyor place a true value on the property? Should I now mention this as the reason why I want the deed or just keep asking for it?

Also, just to clarify, would one surveyor's report and one estate agents valuation at possession be classed as two surveys?

Can they take me to court with no mtg deed?

Thanks in advance

-- Bev (bev100@genie.co.uk), May 16, 2002

Answers

I may be thick, but they must have already taken to you court if they have a MJO? There is a section on this site (I think) which deals with your options after a MJO has been obtained. Since they have been to Court already, I would continue to ask for the deeds but don't place any reliance on their existence as a form of defence. That is unless your mortgage was enacted after September 1989 (see previous threads) and the deeds were not signed by you.

-- Too scared to say (iwasduped@yahoo.com), May 16, 2002.

They obtained the MJO at time of possession. I beleive they undermarketed and undersold my former property, so although they got the MJO previously I feel they may have breached the contract by only having one survey done but I can't check all of this without the Contract....which they won't supply.

-- Bev (bev100@genie.co.uk), May 16, 2002.

I would write back and request a copy of the Money Judgement Order 'on which they are relying'.

Perhaps it is just another way they are trying to get you to pay up.

If they are not prepared to give you a copy simply ask why not.

If they have one then in the CPR rules there is text that says 'If an existing case was not put before a court between April 25th 1999 and April 26th, 2000, then it was stayed.'

Does this mean that if the MJO was before this, and therefore was existing court action, then they had to put the case before the court again between those dates. If they did not then you can argue that the case is stayed.

-- Matt (mattyc@ntlworld.com), May 16, 2002.

I think that means if a MJO was in the process of being applied for (i.e. papers had been filed), and the case had not yet been before the Courts, in order to get a MJO they had to get it in between those dates. However, I hear that so many cases were b/f for this purpose, many were not heard so they are not enforcing the date deadline. Those of us who don't know and can't find out if the Lender ever got one, are in limbo. If we make contact to find out - wham they have us. Great eh. Bev - my Lender only had one valuation done, and refused to provide it. My solicitor (rightly or wrongly) at the time said it's a red herring and irrelevant how many they got. One seems to be enough to satisfy the Courts - despite what the guidelines were/are.

-- Too scared to say (iwasduped@yahoo.com), May 16, 2002.