Dear All,

Grateful for advice. Have been following excellent advice and dealing with Bradford & Bingley's Solicitors regarding my fiance's alleged shortfall for £38,000. He wrote them a letter 5 month's ago and has heard nothing up until yesterday. When we returned to his mum & dad's yesterday evening at which address he has not resided for some time there was a letter, not from the solicitors but from Bradford & Bingley Recoveries Department, worded as follows. Further to my letter dated 22nd April 2002 (he has never received nor seen this by the way) I do not appear to have received a completed personal budget form from you, so I have enclosed a new one and would ask that you complete and return it to me within the next seven days so that we can fairly assess a future payment plan. As you are aware, the agreement for you to repay the debt by instalments (I'm sorry but what are they talking about he has never agreed to the debt nor paid them any money) is subject to you completing a personal budget form every six months. Again, I would stress that the purpose of you completing the personal budget form is to ensure that we have a clear picture of both your personal and financial circumstances, so that we can fairly (underlined) assess a future payment plan. They then go on to ask for loads of documentation. I might add my fiance owns no house, no car, etc. Letter ends with Should you have any queries please do not hesitate to contact me (by telephone ha ha). What advice would you suggest. Should he ignore this letter or should he send a copy of his previous letter to Hammonds, Suddards & Edge. As he no longer lives at this address we are unsure how to proceed. Grateful for all you who know more to help. By the way in the last letter he used the line I note that you or your client are trying to avoid evidencing the debt by making me fill in an I & E form. He has never, nor will ever, agreed the debt, made a payment nor filled in an I & E form. Glad for your advice. Many thanks. Chris

-- Chris (chris@anon.co.uk), July 25, 2002

Answers

If he hasn't yet served an SARN on the B&B he should do this without delay. There is no need to do anything else until they have complied with this. It's very important to maintain non-acknowledgement of debt and put the lender to strict proof.

-- Gordon Bennet (arsenewhinger@hotmail.com), July 25, 2002.

Hi,

Sorry I should have said, he has served a SARN already - very boring stuff nothing of interest and we are still requesting copy of Mortgage Deed, MIG, etc. none of which they have sent.

Thanks. Chris

-- Chris (chris.cox@cableinet.co.uk), July 25, 2002.

Sorry again used an old and wrong e-mail address above. Have to respond using q&a website. Grateful for all advice. Thanks.

-- chris (chris@anon.co.uk), July 25, 2002.

From my experience it was a lot more productive to deal with the building societies debt recovery team rather than a firm of solicitors.

-- (von6@uboot.com), July 25, 2002.

Right so I have drafted a letter somewhere along the lines of the following and would be grateful for an opinion.

Further to your letter, reference MH/H71/8266A. I no longer reside at (address withheld) and have been corresponding with Bradford & Bingley via Hammonds, Suddards and Edge so find it incomprehensible why a letter should arrive at the above address. I have never viewed or received your letter of 22nd April 2002. I have never viewed, signed nor agreed any agreement the alleged debt, and can confirm I have never agreed to repay this by installments I would like to refer you back to my letter to Hammonds, Suddards and Edge dated 7th March 2002 which clearly states my position on this matter. I have not re-issued my address as I have already informed your company of this, both via the Solicitors and regarding my recent SARN.

What do you think? Will it do?

-- Chris (chris@anon.co.uk), July 25, 2002.

Your lettter sounds o.k. to me but I would also forward them a copy of the letter which you sent to thier solicitors. I would also reiterate that until you receive all the information requested e.g. copy of the MIG etc that you are unable to verify the alledged debt.

-- (von6@uboot.com), July 26, 2002.