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Response to NHL - Will SARN whip them up?

from M Amos (idgroms@hotmail.com)
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.

(posted 7474 days ago)

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