My husband has an ongoing shortfall battle with the above mentioned BS. They have now referred the case to their solicitors for furhter court action if we do not find 25K plus costs by next Wednesday. This is strange as the last letter we received from B&W in Jan stated that owing to our current financial situation they would reveiw our case in six months. We have NOT filled in an Inc/exp form by the way. I was fully expecting to have another letter from them not this snotty letter from Osborne Clarke, their solicitors. I have served a SARN on the B&W today but should I send one to Os clarke as well. I cant really afford 20 quid this week. Six months ago the BS were prepared to accept £2400, why have they gone back to the original figure? Do you think they are still prepared to negotiate. I want to offer 500 quid and then come up to a max of 1500 payable in instalments. Does anyone out there have experience of this and do you think this is reasonable? We have two kids to feed now and cant afford much. Advice appreciated

-- Kate Jones (katesoper@sipanet.com), August 16, 2001

Answers

Kate,

My understanding (and experience of other people's letters) is that lenders often tell ex-borrowres, 'give us discounted sum X or we'll come after you using court channels for the full sum Y'.

If you can afford the extra tenner, then yes, I would certainly serve a SARN on the lender's agent. I did, and came up witth some useful additional data.

No, I don't think lenders and their agents are 'prepared to negotiate' in any sense that you understand it. I think that they want to take you for every penny they can get, as cheaply as possible, for very little effort, and without having to substantiate the claim reasonably or properly. Read this site for details, especially under 'Repossession'.

If this is a claim against your husband, and not you, make sure that the lender does not coerce you into divulging data about you and/or your two children. Tell the Information Commissioner if this is going on, or appears to be going on, please.

-- E Scott (eleanor.scott@btinternet.com), August 18, 2001.

Kate,

My reply to you came back as a failure notice. Please check your email address as given above, if you're reading this. Thanks.

-- E Scott (eleanor.scott@btinternet.com), August 19, 2001.