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Zaniwhoop

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Everything posted by Zaniwhoop

  1. Sorry Andy, I must be getting mixed up with some other request, possibly one for getting evidence from them for court or something. I know something like that I tried to get all the info they held on me which they didn't respond to within the time limit specified. I will have to check again but maybe the SAR is a good way to go, thanks again.
  2. I don't think the SAR applies as it is/was a secured business loan and not therefore under the Consumer Credit Act, I did try that tack at one point. Thanks though havinacastella.
  3. Thanks dx, yes, possibly a shame, though I don't think it's all rubbish just have to be a bit more selective and I should have planned things a lot better.
  4. I've not considered mounting a claim yet but that sounds like a good idea, I suppose it depends on what I can include.
  5. Hi Andy, Thanks for the quick reply, sorry but I had gone to bed after posting. To give a bit more background then, the initial loan was to enable us to part-buy the shop with a flat above. Without giving exact figures let's say it was around £65K back around July 2005. A year or two into the loan I came across various articles regarding Freeman-on-the-Land and Lawful Rebellion and the like and realised that fraud may well have occurred with what I was seeing as a mortgage, long story short, I withheld payments and demanded to see or have them send m
  6. Hi there, I recently had my shop and flat possessed by Nat West, due to a secured business loan (payable on demand), not a mortgage. They have marketed and sold the property at a significant loss, much below the likely market value and at around half the amount of the outstanding debt and are now after me for the remainder. I do have evidence of an offer I received to buy the property a few years earlier for much closer to the actual market value. (the sale unfortunately fell through) and neighbouring properties in the same terrace show similar market values. If anyo
  7. To get the court to order the Claimant to disclose and produce the documents requested via the CPR 31.14 request, which are needed for me to compose a full defence rather than an embarrassed one. Specifically the original loan agreement and mortgage deed and any information regarding transactions with SPVs or SPEs directly connected with such.
  8. I've had a response from Shoosmiths about the CPR 31.14 request but they say their client is not obliged to entertain my requests for disclosure as the court has not ordered them to complete a disclosure exercise at this stage and apparently my requests will incur unnecessary costs and are superfluous. So presumably the next step is an N244 form?
  9. Thanks caro, the loan was originally taken out in 2005 to partly fund buying the shop and flat above and was for scheduled regular monthly payments, which were initially paid regularly. I then sent them a notice requesting they send me the original agreement as it had come to my attention that fraud in the factum may have occurred and I suspected they had sold the agreement or deed on etc. "What action did Nat West take, if any, to try to avoid repossession?" They sent some final demand letters demanding the full amount of the mortgage arrears (interesting as they recen
  10. Whether I am in a position to make payments going forward is irrelevant as the loan is apparently 'payable on demand' and is not a regular repayment mortgage. No, I have not completed a budget sheet either.
  11. How does this look? My address Date In the XXXXXX County Court Claim number XXXXXX Between National Westminster Bank PLC – Claimant and Mr XXXXXXXX & Mrs XXXXXXXX- Defendants Defence 1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules (see EXHIBIT J), to the Claimant to allow me to properly respond to the claim. Which was received by them on 2
  12. sent off a CPR 31.14 request letter which was signed for on 21/4/2015 but have now received a court order to file a fully pleaded defence by 1/5/2015 so there will not be enough time for the Claimant to comply and not enough time for me to uncover evidence of any transaction with an SPV/SPE, looks like I'll have to file an embarrassed defence. No joy from Civil Legal Advisor Specialist as they say it's too complicated for them to take on and can only suggest I need a Solicitor. I'm a bit unsure as to whether this means I am eligible for Legal Aid or not and if not
  13. I know this is a rather old thread now but as I am in a very similar situation I just wondered how this played out nj484?
  14. Unfortunately I missed a call from the specialist adviser and am having difficulty getting them to ring again As far as I can see, part of what I need to do is to serve a notice under CPR 32.19 that I wish the flexible business loan/mortgage document to be proved at trial. I suppose I'll have to do a S31 request first but which part for requesting documents concerning any dealings concerning the loan agreement with any and all 3rd parties, such as SPVs? I must admit I'm at a bit of a loss as to how to compose my defence in the best way as there are so many factors invo
  15. Interesting, he has adjourned the case in order that I file a full formal defence though, which is not what S36 is for. It's looking like I might be able to get Legal Aid/CLA specialist adviser's help if they decide to take the case on.
  16. Thanks Andy, I'll have to check if I can use either of those. It was contended by Rat's Nest's solicitor that because this is not a standard repayment mortgage but is a mortgage payable on demand the court could only use "section 36 of the Administration of Justice Act alone", so not sure what that's all about, although the Judge did say "that was an accurate statement of the law.". I'm still not sure how I ended up without them getting a possession order really, luckily the Judge was at least sympathetic that I had put in a defence of some sort.
  17. The Judge adjourned the case in order that I can file a full formal defence as I only submitted a skeleton argument. The difficulty I have now is that it is not a mortgage but rather is a Flexible Business Loan payable on demand and not covered by the CCA. Does anyone here know if it is likely that the legal title has been sold on to an SPV and if so where can I find evidence of this? Also is there an alternative to an SAR that I could use to get the info from the lender? In Lak'ech Simon
  18. I've just been reading through an old thread on here regarding Carmel Butler's Memorandum to the House of Commons Treasury regarding mortgage securitization, which I have referred to in my skeleton argument for my defence in a possession hearing I have tomorrow. Does anyone such as supersleuth or enoughisenough or Smarterchick have any updates on how they got on, as the other thread seems to have dried up? If anyone can tag/link them in here as I don't have enough posts yet, that would be very good of you.
  19. Ooops! Just realised I'd only read to page 3 of this thread, much more reading to do.
  20. It's a bit late for me to have found this great thread as I have to defend a possession case by Nat West tomorrow and am trying to use Carmel Butler's Memorandum to good effect. Thanks for the great research peeps, how did you find the details of the SPV for Abbey and any idea where I might find who Nat West might have securitized to?
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