Reducing the 'settlement' figure

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I am being chased by the dreaded Eversheds for a 35,000 shortfall going back about 8 years. They have done the usual 'settle with a one off 15,000 payment' so far and have asked for the I&E to be filled out. I have not completed the I&E, just replied by serving a SARN and await their reply. Just as a bye-the-bye, is there a successful way of getting them to seriously reduce their settlement figure, without admitting any debt is owed or filling out the I&E ?

Many thanks Brian

-- Brian Party (brianparty@hotmail.com), June 18, 2001

Answers

Hi Brian,In my experience(having reduced from 48K down to 2.5K)it's a matter of perseverence.Stick to your guns i.e no I&E,demand answers to all questions,ask for every document possible,issue SARNS and make sure they realise you're not an easy touch.I wrote to the original lender (Abbey) to ask for their position with ref.to the six year cut off and also cc'd to them any letters complaining of Evershed's behaviour and/or refusal to provide documentation.Try quoting Hopkinson v Tupper to them as well.It all takes a long time though so be patient and don't let the B######S get you down!!

-- tim pool (tim_pool@yahoo.co.uk), June 18, 2001.

Careful in quoting Hopkinson vs Tupper as there is now Halifax vs GRant from Feb 2001 in which the 6/12 year rule was shown to be 12 - albeit the defence agruement seemed a bit weak to me.

If you are unsure of the law and find case reports a bit hard to read I would steer clear of quoting them - the solicitors chasing you will have amuch better understanding that most of the users of this site.

They are however, useful, in showing that there is no hard and fast rule as different judges will have differnet opinions. It makes companies think very carefull about court action as they do not know which way the judge will lean and a case proving 6 years would damage them all a great deal.

-- Matt (mattyc@ntlworld.com), June 18, 2001.


I'd be interested in comparing Evesheds' SARN responses with you.

-- Eleanor Scott (eleanor.scott@btinternet.com), June 18, 2001.

Matt,

Interested in the case that you quoted Halifax v Grant. Do you know where there is a record of the judgement and also if this was the case earlier this year heard in the Leeds CC.

Cheers Tim.

-- Tim N. Heath (tim_n_heath@bigfoot.com), June 22, 2001.


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