Hello(posted 8550 days ago)First of all, please don't panic. Solicitors are paid to make people fearful and think that they have no rights, but you do have rights and there are things that you can do. Always remember, that only a Court can order you to do something.
When you write back, say that you're not willing to enter into any negotiations until you have proof that the insurer does have a right to pursue you. If that right is written within the MIG then you wish to see it. Say that you have no intention of paying anything further until you are sure that you are liable to the insurance company. That the solicitor says so is not sufficient.
Their clients may be satisfied, that they achieved the best price, but you're not! Do you have any valuations that you can rely on? If possible, speak to an agent in the area and find out how much properties in your street were worth at the time.
Just because the Halifax is satisified with the figures in the cost of repossession, doesn't mean that you have to be! Under the Civil Procedure Rules, when making their claim, the claimant has to provide details of the debt, how it was incurred and how the figures are made up and provide backup evidence of this. Halifax will have to do that if they decide to pursue you in court. Say, that as the person who may be liable for the shortfall, you are entitled to make sure that the figures provided are reasonable and as such you want to see invoices etc for all amounts claimed. Very importantly, ask to see clear and legible photocopies - if the copies are poor, it will be difficult to see if any doctoring has taken place.
You can also say that if the lender isn't willing to provide documentation supporting their alleged claim, then you are quite happy to wait until you receive proceedings issued through the Court to get this information. The Civil Procedure Rules set out how someone must make a claim. They have to show that they are entitled to the money being asked for.
For an example, if British Gas sent you a 'bill' saying, pay us £200 - you wouldn't pay it, would you? You'd want to see the meter readings they had, along with the charges and basically a breakdown of how they arrive at their figure. The same applies with this - you have a right to question how the lender arrived at their figure.
If the situation gets to a stalemate and you're saying you won't do anything without written proof and the lender won't provide any, then you can write a "final" letter stating that until they issue proceedings you are not going to correspond with them any further.
Hope this helps