Negotiated with Halifax now RSA are chasing for Mort. Indemnitygreenspun.com : LUSENET : Repossession : One Thread
Can anyone help with this? About 2 years ago I negotiated with the lenders (Halifax) loss on a vouluntary repossession. Now the RSA are pursing for the indemnity claim. Is this right? Surely only one can claim compensation as insurance has been paid out? Any advice on this would be appreciated.
-- (email@example.com), June 21, 2001
Hmm. Tricky one this, with repercussions for many people if they can make it stick.
My view is it depends on how you settled. When I settled it was in writing, and specifically worded to deal with all 'covenants' and various other things but essentially ANY and EVERYTHING connected to the mortgage - so IMHO I'm safe. Question is, when you settled with the Halifax, how was it done, and what specifically did you agree?
I have to say it's the first case I've heard of like this - a double indemnity if you like - and it's very worrying.
Having said all of the above, even if they are pursuing you, the good news is that ALL of the remedies, strategies and assistance that the site offers is still available to you. So don't give up hope. If you can email any documentation to me I can pass it on and get some opinions.
Good Luck AT.
-- (firstname.lastname@example.org), June 24, 2001.
Andy, thanks for your reply my delay in posting again is due to going on vacation. When I settled with Halifax through a Solicitor the wording "Full and Final payment " was used in the letter(s) sent by my solicitor. Halifax also repsonded with the payment schedule "to settle the debt". From what you say "any" and "anything" would have been more concrete. The site does help a lot and I have used the information to repsond to Curtis Solicitors who are now on the case for RSA.
-- (email@example.com), July 12, 2001.
What happend? Can they do that? Surely the agreement was between you and Halifax, and no one else and the indemnity was between Halifax and them!
This is frightening stuff!
-- Gennie Blackman (firstname.lastname@example.org), November 12, 2001.