Judgement set aside

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Wondered if anyone could help? .. Halifax got a judgement set against us we went to court and got the judgement set aside for 14 days so we could get a solicitor to set our defence... Just wondered if we really had a chance as we have 3 deficit statements from then span over 6yrs and they are all different also the total loss ammounts are different. The judge would not listen to our MIG mis sold plea she was not interested in it . Are we throwing good money after bad? or has anyone else Beat Halifax

Here's Hoping

-- Nikki Tyson (nikki_tyson@hotmail.com), June 25, 2002

Answers

Hi Nikki,

I think the first information you should give your solicitor is the web address for the Home Repossession site. It had never occurred to me to supply my solicitor with it until he questioned where I had obtained so much backgound information on UK repossessions. Needless to say he was very grateful for the information and stated it was an "eye opener" and would be "extremely helpful".

Based on my own experience with the Halifax any anomalies in the their paperwork should be investigated thoroughly as they could be just the tip of the iceberg.

Good Luck !

P.S. What actual date is the case being heard now and in which court?

-- Tony Hayter (Tony@Hayter.com), June 25, 2002.


How recent was the repossession Nikki? Have you SARN'ed the Halifax? Have you obtained copies of the documents they are relying on at discovery? I'm not sure if the question should be 'Has anyone beat the Halifax?'. What most of us would accept is the chance to reach a settlement that we can afford. Unless you have a strong legal argument that Halifax know will cost them dear in court it is unlikely they will just walk away, but you may be able to tip the balance in your favour by asking awkward questions and probing the item by item make up of their claim.

-- Gordon Bennet (arsenewhinger@hotmail.com), June 26, 2002.

Yes we have SARN'ed then but received nothing back just another deficit statement, Solicitor has told us we don't have enough defence to right the whole debt off so we are now at the offering stage. The Debt is 33k we are offering 15oo as Full and Final settlementbut like most the insist we fill a I&E form before negotiations start. it just goes round in circles. Not got a new court date as yet.I also give the solicitor this web page address.

-- Nikki Tyson (nikki_tyson@hotmail.com), June 27, 2002.

The lender has 40 days in which to respond to a SARN. After that they are breaking the law and you can make complaint to the Information Commissioner. Has your cheque been cashed? If not, cancel it and send the SARN notice again, but send recorded delivery (assuming you didn't the first time) that way you can show that Halifax definitely got it.

Personally, I would wait until you get your SARN data before entering negotiations. This is because there may be some useful information in the paperwork you receive. Even if you don't have a strong enough legal argument to write off the entire shortfall, most people have found that there are spurious charges which make up that shortfall, and this is what you need to argue against.

-- Pendle (pendle_666@yahoo.co.uk), June 27, 2002.


Nikki

On what grounds are you offering 15K? It is not uncommon to settle for 2-3 k according to your financial standing. The most I have ever settled a case for a client is 18k on 102k liability with my client having an asset worth 70K with no mortgage.

Do you have sizable assets? a high monthly income? do you have existing loans which you need to pay apart from this alledged claim? and are you negogiating with the lender or mig or both?

15K is a lot of money to offer and I would only consider this as a last resort if all other avenues of negogiation have been exhausted and my client could afford it!.

I will understand if you are reluctant to detail your financial standing re assets etc but you will not know what can be done until you are a little more adventurous, counter act everything that is thrown at you. If your solicitor suggest 15k you refuse and offer 2k and test the water as they say. I have chanced my arm many a time and drawn immense satisfaction from the results.

Good luck

-- Mike Thomas (enq@mtc.as), June 27, 2002.



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