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Response to Halifax and demands

from M Amos (idgroms@hotmail.com)
Karen,

In the first instance I would follow the advice on the Homo Repo site under the 'Do's and Don'ts section and make Halifax proove the alleged debt. Be careful not to acknowledge it, in any communication make sure you do not acknowledge it. Also, under the rights of subrogation the insurance company who insured the lender can chase you for the amount paid to the lender, so I'm afraid, the amount won't be 'reduced'. You also need to find out whether a Money Judgment Order has been issued, this gives the lender a right to chase you indefinitely (clarified by the House of Lords in 1998). It may be that bankruptcy is the better option. First though, you could offer them 370 pounds (cost to make oneself bankrupt) on a take it or leave it basis. A number of people have settled this way. If you do settle make sure that it includes any monies paid out by an insurance company to the lender (see my earlier posting 'on the MIG question'). Furthermore, the 'Enterprise Bill' will come into force in 2004 and means that a bankrupt will be discharged somewhere between 3 to 12 months (providing it's due to 'unfortunate' circumstances and not deliberate). I think it's certainly worth considering as a last resort, especially where an MJO has been issued, and you have no assets. I'm not a legal expert though, so you may want to check this out yourself. Hope this helps. Good Luck.

Mark.

(posted 7747 days ago)

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