Further to my earlier postings regarding AOE orders and applications to set aside, we have received in the post today a form from the court saying that the judge is considering dealing with the application without a hearing and any representations to be filed by 23 Nov. What does this mean - sorry to sound dim. Do I need to supply any more evidence. Bristol and West WILL NOT supply copy of MIG and T&C's saying that it does not concern us and was a contactual agreement between them and a thir

-- Kate (katejones6.katejones@freeserve.co.uk), November 12, 2001

Answers

When the Judge considers dealing with something without a hearing, he's going to read through your application and the lenders objections and then make his decision. You won't have to go to the court and neither will the lender.

If you have anything in addition to say about your application, now is the time to say it. Put your whole case in writing, saying that the lender won't supply docs etc, and then file it at court. The lender will do the same. Sometime after 23rd November, you'll get a notice from the court telling you what the result of the application is.

It seems almost impossible to get a copy of the MIG from a lender. True, it is a contract between the lender and their insurer and in theory, you're not entitled to see that contract. Also, most of these MIG policies are block policies, in that its not just one policy concerning you and your property. On the other hand, where you're obliged to pay out a shortfall claim, its only fair that you should know if the lender has had a pay out from their insurer, and even more importantly that the insurer is right to chase you for any shortfall.

The terms and conditions of the mortgage however, you are entitled to see. Mention this in your application along with everything else and keep your fingers crossed.

-- pendle (pendle_666@yahoo.co.uk), November 12, 2001.

Yes, MIGs appear block policies. Pendle raises a key issue.

The two 'releases' of examples of these block policies that I have seen have come from Halifax, and relate to policies issued by Sun Alliance (now Royal Sun Alliance = RSA).

These contain the interesting statement: "Whereas.......(c) the Mortgagor has made a proposal to the Company...". Repossessee, *you* are the "mortgagor". The Company is e.g. Sun Alliance (now RSA). The wording of this generic MIG strongly implies that the repossessee might be party to the contract. If this were the case, then one's right to ask to see the lot seems assured, at the very least at the point of disclosure (but hey, what do I know???). This is the same blank policy which Halifax has sent to at least two readers of this Home Repo Page, shortly before I understand that it issued claims against them.

I just wish I knew more about contract law.

Obviously I admit to knowing sweet FA about the law & finance. It just strikes me as odd.

-- E Scott (eleanor.scott@btinternet.com), November 17, 2001.