HMC FULL & FINAL SETTLEMENT UPDATE

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A few months ago I posted about a letter received from HMC solicitors offering me a full and final settlement of 12k when they had already agreed a full and final settlement 3 years ago of 7k, which i have paid in agreed installments ever since.

I received a letter from Davis and Co admitting their letter was a mistake, but by then I realised that I should be asking for a Deed of Satisfaction on completion of the payments (in 2005). HMC ignored my letter, and the letter from the Citizen's Advice, but I wrote to my MP, Andrew Smith, who wrote to them on my behalf. His letter was passed to Lord Burns, Chairman of Abbey National (sad isn't it that you have to be an MP to get a response). Burns has now written back confirming that I will get a deed of satisfaction and that they will also write to the court advising that my liability is completely ended.

just an update for info,

avril

-- avril smith (av@totalise.co.uk), June 13, 2002

Answers

That's a new one Avril! A deed of satisfaction! Sounds like something a used car salesman might offer you :-)) Being a deed does that mean it will last at least 12 years? Seriously though, it would be interesting to know if you filled in an I&E form in order to achieve settlement and also what % of the claim your 7k represents?

-- Gordon Bennet (arsenewhinger@hotmail.com), June 13, 2002.

Hi,

Yes it was new to me until February this year!!!

hmc had obtained a summary judgement against me, so i had no option but to go to court to answer their I&E form. it was 7k against 56k.

below is a snip from an email from my solicitor:

"The HMC are able to call on some strange shipping precedents which are always quoted in debt chasing cases. The only way you can prevent them from continuing to chase you for the amount owed is if they agree to supply you with a Deed of Satisfaction, which they are very unlikely to supply. We have a similar case here with another building society who are also unwilling to provide such a Deed, although the client is offering a lump sum in full and final settlement. If they agreed to a Deed of Satisfaction it means they are agreeing not to pursue for the amount owed. "

anyway, heres the original link, if you want to have a read.

hth, avril

http://www.greenspun.com/bboard/q-and-a-fetch-msg.tcl?msg_id=008P9x

-- avril smith (av@totalise.co.uk), June 13, 2002.


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