My husband has today received a letter from the solicitors acting on behalf of the Halifax stating that because we have delayed replying to them they are now going to take him to court to recover the full amount of the shortfall and any cost. Can they do this as we have a letter from the Halifax dated 28th March 2000 that say they look forward to receiving our proposal of repayment towards 50% of the loss. Can they now go against this.

-- Christine Singleton (Middleforth1@aol.com), January 23, 2002

Answers

Yes, I am sorry to say to you that they can do this - they held out an offer to you which you did not accept. They are now going to pursue you for the full sum.

But you did write them a letter back accepting their proposal and asking if it could be paid by instalments didn't you, and it got lost in the post. Phone the solicitors up and try to reach an agreement with them before it gets to court. Ask to speak to somebody "without prejudice" and then if agreement is formed, it can go "on record" and be binding.

-- David J. Button (davidjohnbutton@supanet.com), January 23, 2002.

Christine, Before you commit yourself to any payments - are you in agreement with the amount of debt the solicitors are claiming? Have you had a statement of how the figure was arrived at? If not WRITE, and send recorded delivery, to both the lender and the solicitor asking for copies of the data that will substantiate the alleged debt.( Under the D.P.Act they MUST give you that.) Obviously there is room for manouver if they were prepared to start at a 50% 'reduction'so long back. Good luck.

-- Joy Harker (fightingback@harker.go-plus.net), January 23, 2002.

also....... Have a look at the posting on 18 Jan 2001 from Caitlin Ralph- entitled "help needed regarding eversheds" I think you'll find the answers interesting.

-- Joy Harker (fightingback@harker.go-plus.net), January 23, 2002.

I have got to say I would be very cautious of the advise from Mr Button above. Have they prooved the debt beyond doubt. Have you the means to pay a debt. Have you been through all the steps on this site that, well within the capabilities of your average Joe Public, will cause them to sit up and think "mabey this one is not such a pushover". The worse case is that you will be taken to court so whatever you can gain on that is a plus. Make them prove their claim fully, not just the usual bulls**t answers, and without doubt. Mr Buttton I feel has a few vested interests with the constant seeking of legal advise and rolling over and accepting whatever they throw at you.

Good luck, from one who has actualy been on this road.

JonS

-- Jon S (jks_uk2001@yahoo.co.uk), January 23, 2002.

Christine, Have a look at the new posting "Have I got a chance?" from Anton Clark 23-01-02. It illustrates very clearly the folly of telephone discussions with lenders or their solrs etc regarding debt claims. Telephone conversations can be recorded but to be within the law you must advise them that the conversation is being recorded. It just might upset them a little to know that and the conversation would that followed would be useless. Further, without a recording you would not have any proof of the 'arrangements' that are agreed. This is why I stressed that you WRITE to your adversaries and always keep copies of these communications - both to & from.

-- Joy Harker (fightingback@harker.go-plus.net), January 23, 2002.