Repossession back in 1991 (Leeds Permanent BS) since taken over by Halifax. In negotations for last 12 months during which Halifax offered settlement of £5k lump or £7.5k monthly payments. Passed all info from SARN and asked NAMV to review & carry out negotations. Since that time Halifax have appointed solicitors who have rejected a £4k offer and have stated £10k lump sum or £20k currently at £50 disposable income (33+ years) with voluntary charge on existing property!!! Although there were errors in the way the repo was handled, the contact from the Halifax was 6yrs 2months and therefore we are out of time to defend. NAMV say there is no alternative but to accept (and the second option because we can't raise the lump sum)!!!!

-- FedUp (theevilste@hotmail.com), December 11, 2003

Answers

Hi Fed Up,

I think you need to follow the Do's & Dont's on this site. Unfortunately as you made an offer you have admitted to the debt. What you have to remember is the Solicitors make NO decisions, these are done by the Halifax which is then advised via their Solicitors.

If I were you I would start putting the lender to strict proof, ask to see evidence of the amount they are requesting from you, documentation, etc. etc. Even though you have re-started the Limitation Clock I would still go all out to make them prove the debt to you, asking for all the receipts, etc.

Good luck.

-- Chris (chris@anon.co.uk), December 11, 2003.

As I understand it an offer does not necessarily admit the debt provided it has been made on an "ex gratia" and "Without Prejudice" basis, which NAMV should have done if you are using them. I think I would cut the solicitors out of the equation altogether and write a letter direct to the MD of Halifax (making sure of course not to acknowledge the alleged debt, see previous postings) explaining the situation & that you have made an offer to settle of 4K, which was very close to the 5K suggested by themselves, and that now their solicitors have upped the stakes which you consider to be totally unfair. That if their solicitors continue in such a way you feel your only recourse would be to take the matter up with your MP and the National Press. Have you checked out the CML 6 year voluntary code angle ?? Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), December 11, 2003.