Also ... if NHL's shortfall claim on me is approaching the 12 year limitation - would a SAR Notice antagonise them into prioritising my case, in order to get it into court before their time is up? Would it be better to start off by asking for details of their claim (without prej, of course), and start from there. The Do's & Don't Section is fairly specific that a serving a SAR Notice is the first thing I should do - but I'm a bit concerned that this could be construed as "over-reaction" on my part, thereby indicating to them that I have something to hide or protect, (a little money).

If I want to make F&F settlement, how do I steer them into an offer situation - do I offer first, (again, this might indicate that I can afford the debt), or wait for them to ask for an amount which I then reduce?

I understand the burden of proof is on them - but ideally I'd like to settle at an acceptable percent, without having to go into battle as if push came to shove and I had to go to court - I would have to disclose all details of my savings.

Just to elaborate - the shortfall claim is almost exactly the amount that I have in cash on deposit in a BS high interest account. This money came to me from my Mother's will; I have no other assets or income.

-- Miranda Lipton (miranda.lipton@virgin.net), October 12, 2003

Answers

I hope that your posting is under an assumed name as you seem to be giving out a lot of personal information that is one of the first lessons to learn the second is that unless they are bothering you do not bother them.Do not offer any money only do this as a last resort and once again watch what you post here as it is read by all sorts of people.

-- Steve. (powerhousesteve@aol.com), October 12, 2003.

Don't forget that "Without Prejudice" protects you when negotiating a settlement but you always need to make it clear that you deny liability and dispute the debt as well, even on any settlement communications/sarns. Something like: "this letter/document does not constitute an admission of any liability and is not an acknowledgment of the debt". Jeremy Callman, Barrister made the important following point:

"Mere use of the words 'without prejudice' ought not to be relied upon. The court will look at the true substance of the letter. Even if it is written with a view to settlement, a carelessly worded passage acknowledging the debt may be severable from the without prejudice aspect and may stand alone as an operative acknowledgement. Ensure that the words actually used make no acknowledgement."

Miranda, even if the alleged debt is time barred it may be worth negotiating a full and final settlement to restore your credit rating, which should make it easier getting another mortgage. Of course, this would depend on whether NHL/Paragon are going to be reasonable.

Mark.

-- M Amos (idgroms@hotmail.com), October 12, 2003.

Miranda,

I've just seen another of your postings in which you state that JDL and NCI Europe have been chasing you, are they chasing you now or is it NHL/Paragon pursuing you directly ? You may be interested to know that Sarah Jones from the News of the World is investigating JDL - see her posting under "JDL Holdings newest threats" dated March 26th 2003.

Mark.

-- M Amos (idgroms@hotmail.com), October 12, 2003.