Court Hearing for Repossession Error in Witnes Statement

[Eggbound]

Hi- excuse my lack of legalese but you'll get the gist!

We have a court hearing for repossession and are in receipt of the Building Societies Witness Statement by way of service upon us.

Their exhibits include, "a true copy of the mortgage deed". However this relates to a different case, person & property at the other end of the country!...so we now have a copy of the signed mortgage deed of someone else. We're obviously wondering where we stand on this one, in terms of our impending battle.

Also they state (correctly at time of claim)
There is no onewho should be given notice of these proceedings because of a registeredinterest in the property undersection 31(10) of the Family Law Act 1996 or section 2(8) or 8(3) of theMatrimonial Homes Act 1983 orsection 2(7) of the Matrimonial Homes Act 1967.

However since issuing their claim we have registered my interest in the property. We didn't realise we could do this ( via Form HR1 Land Registry). Again , how will this go down?

Thoughts please...

*witness

[CleverClogs]

Re: Court Hearing for Repossession Error in Witnes Statement

Apart from having obviously failed to produce their "twue copy of the mortgage deed", they have recklessly committed a rather egregious breach of the Data Protection Act 1998.

Which bunch of numpties did that?

[Eggbound]

Re: Court Hearing for Repossession Error in Witnes Statement

Oh I cant really say in open forum can I ? The BS is in Yorkshire and their lawyers are in Bradford...

We obviously have to submit our defence (online) but at what point do we throw the above in the mix? We dont want to alert them before the hearing, so they look like numpties in court.

[CleverClogs]

Re: Court Hearing for Repossession Error in Witnes Statement

Oh I cant really say in open forum can I ? The BS is in Yorkshire

Northern Wreck?

[Eggbound]

Re: Court Hearing for Repossession Error in Witnes Statement

No, the 2 bowler hatted gentlemen!

[suffering]

Re: Court Hearing for Repossession Error in Witnes Statement

i don't know the answear or the solution because you have not given to much detail as to why they are taking you to court,you may get an adjournment prolonging the enevitable you need to concentrate on what acts of law can work in your favour

[CleverClogs]

Re: Court Hearing for Repossession Error in Witnes Statement

I do not believe it would be an untruth to aver in one's defence that one had not been served with or sent a "true copy" of the mortgage deed or anything that could be said to resemble such a copy.

There would be the risk that the shysters for Barmy and Bonkers might spot the clanger and amend their POC but, if they don't, one might embarrass them in court.