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Letters just to dog them

Dear Chris:

May I open this letter by reminding you that your company was served our Plenary on Monday the 22nd of April, you or your solicitors are required, within twenty eight days after that service to enter an appearance in the Central Office, Four Courts, Dublin in the action being taken against your company. To date I don’t believe this has happened, can you explain to me why?

1. In relation to Securitisation and we are fully aware of the contents of our contract regarding Securitisation but for the purposes of our up and coming court case can you for clarity:
i. What is the name of the document that is used to record the Transaction?
ii. Who draws up / creates this document?
iii. Who is responsible for this document?

2. In relation to tracing an individual Loan:
i. What is the process used to trace an individual loan in order to discover if it has been securitised?
ii. If a person is aware their loan has been securitised what is the process of tracing that loan to discover what Bond it was placed in?
iii. In your accounts the loan balances should be deducted from your balance sheets, can you confirm why these figures are deducted. Is it because the loan has been settled by the consequence of Securitisation or a default insurance policy or any other special purpose vehicle?

3. If a debt is ‘sold on’, albeit at a fraction of it realistic value, is it accurate to say that the Original indebtedness has technically been ‘cleared’?

4. Is it Lawful for a Financial Institution to sell-on a debt without full prior disclosure to the borrower, when the original Mortgagee will not be setting the Interest Rates or Managing the arrears?

5. Did xxxxxx Home Loans Ltd disclose any personal data to xxxxxxxx, without first getting our express consent? under the data protection act.

6. Under the ‘Anti-Money-Laundering laws of Ireland:- xxxxxxx Home Loans Ltd obtain from xxxxxx all relevant details about their license and their ability to collect money?
If so, can you forward details of xxxxxx’s License and what steps xxxxxxxxx took to ensure the above details were scrutinised.

7. Can you forward us a copy of xxxxxxxx’s MARP [A4 version] and likewise Pepper’s/

8. Can you forward us a copy of xxxxxxxxx’s booklet on MARP, likewise Pepper’s.

9. Can you furnish us with any minutes of your MARP meetings where our loan was the topic of discussion?

10. Is Life Assurance on a Loan / Mortgage mandatory under the CCA?

11. Does xxxxxx understand the ‘Distant Market Regulations’ with regard to the Mortgagee and Mortgagor not being present when using a Mortgage Broker?

12. Default Insurance:
i. Did xxxxxxx Home Loans Ltd or GE Money take out a Default Insurance Policy against our Loan / Mortgage or person?
ii. If yes, with whom is this insurance policy held?

13. Is there any Legal regulations applicable to Financial Institutions obliging them to retain a Provision Fund or Deposit Account to clear Default Loans?
If yes, what are these regulations?

14. Do xxxxxxxx agree or disagree with the statement “a contract under Irish Law is only a contract when signed by both parties”?

15. Can xxxxxx confirm that the affidavits sworn by their representatives are a true and accurate reflection of their case against us?

16. Can xxxxxxx confirm their compliance with the Banks Book of Evidence, that those swearing the affidavits have the correct standing within xxxxxxxxx company.
If yes, can you give us the full standing and job title of said persons.

Please answer all the above question as each point raised may be relevant and relied on in the up and coming court case.


Thank you for your attention to this matter.