Hello Alex W and thanks for your quick response. First I find below the rest of my letter which was truncated by the justanswer limit of 5000 characters.
"...The account statements receive since then reflects the payment. Their statement therefore to the court on 23 March 2015 that the “the mortgage account is in arrears” is incorrect in my thinking? Do you agree with me?
I have also considered that the statement may be in reference to the previous arrears. But this seems very unlikely because it is not at all suggesting that the paragraph refers to a historical situation. Instead it makes it clear that “the mortgage account is in arrears.”
- Paragraph 8:
Whilst they had sent the said letter of 11 February 2015 requesting payment of the full mortgages by 18 February 2015, this is not what they refer to in paragraph 7 of the affidavit. In addition they also sent the attached letter dated 17 February 2015 (letter 33) asking me to pay the arrears by 27 February 2015 so that they shall not proceed with executing the ‘formal demand’. I sent letter dated 13 March 2015 stating that I will make the payment by 28 March 2018 (letter 43) and I did.
i. Question 4:
Given their letter of 17 February 2015 (letter 33), does missing the arrears payment deadline of 27 February 2015 by 30 days mandate the court to give them possession of the properties given?
I also point out letter dated 26 February 2015 (letter 40) in which the lender admits with apologies that they were wrong in their previous position on the dispute over unexplained charges they had put in my account for property ‘A’. This letter was their final position on this dispute which I brought to their attention in a letter dated 25 April 2014. They took eleven months to reach a final position. Their first response to the complaint was sent to me in a letter dated 14 October 2014 six months after I sent the complaint. This dispute was the reason for the occurrence of the arrears."
I am check the agreement to see if it allows them to act for me.
There are also documents I have referred to. Do you want to see them yet?