Response to OFFERING A FULL AND FINAL SETTLEMENT/ABBEY

I think that you would need to demonstrate to the lender that you are going to want full proof of their claim by means of a SARN and asking pertinent questions about the way they have handled the repossession. Each case is different so it is difficult to generalise, but the experience of my friend was closure after about 12 months of correspondence, mainly with the Halifax rather than their agents such as DLC. I don't know whether or not you would be wise to try making 'full and final' offers at this stage. Their likely response would be one of assuming they could get you to pay more. My friend refuted their claim on a number of grounds, but principally the issue of MIG payout as simple not specialty debt. I'm still not clear as to the effect of the recent appeal court judgements on this issue, but it seemed to be one the Halifax wished to avoid testing several months ago. The key to most of the advice on this site is be patient, remain courteous, but insist that the lender gives full information to substantiate their claim. My friend did not fill in an I&E form and her 'goodwill' payment was about 5% of the now withdrawn shortfall claim.

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