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Response to Our court appearance and Halifax!!!!!!!!!!!

from Gordon Bennet (arsenewhinger@hotmail.com)
Sorry to hear about your ordeal Amanda. I think that what it may come down to now is what are your means? If you are on a low income and Halifax can see that you have no way of paying this debt off quickly then they may choose to settle for a smaller lump sum payment.

It's interesting that they went to court knowing that you were contesting the MIG element of their claim. My friend settled for about 5% of her shortfall claim from the same lender and was also arguing that the MIG element was statute barred, but that was before the recent appeal court judgement became known. It may or may not be coincidental.

I think that if I were in your shoes and bearing in mind the attitude of the court, I would make a lump sum payment offer to the Halifax of 5% of the total they are claiming ie £1,900.

They may well reject this out of hand believing they can do much better. On the other hand they may well come back with a counter offer. In my friend's case it was a counter offer for about 50% of the claim initially, against her first proposal of about 4%. She replied increasing her offer to 5% and to our surprise they accepted.

It may be that there were factors about her case that made them wary of proceeding in the legal direction that don't apply in your situation so all the above may count for little if the Halifax are out for blood.

In my opinion the value of making an offer now is that they may still be a little unsure of the outcome and prefer to settle for some cash ahead of the next court hearing.

(posted 7874 days ago)

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