just rec'd SARN from halifax, 361 pages & (loads missing) !!!greenspun.com : LUSENET : Repossession : One Thread
can anyone help, have just received entire forest load of papers (361 pages) from the halifax, no mortgage deeds,no mig, date we took mortage out wrong and date of possession wrong! am I correct in thinking that I now write back to them asking for explanations and missing papers ? and so forth, and also Addleshaw Booth have sent same but are still asking us to make an offer to settle, otherwise they will revert to court pursuant which ends 20th july.... any help gratefully rec'd
-- amanda barton (email@example.com), July 13, 2002
You are absolutely correct, you need to write back and question EVERYTHING that looks wrong or 'iffy'. The problem is (and we had the same) that time is against you and it WILL take you some time to wade through 361 pages of info. We wrote back and said that, on the face of it, there ware issues the BS needed to address however it would take 1 month for us to reply. I can only suggest that you ask them to be reasonable (ha-ha) and give you some time to assess the contents.
Best of luck - Mike.
-- mike (firstname.lastname@example.org), July 13, 2002.
Write back and ask for a copy of the Mortgage Deed and a copy of the MIG policy. These two documents are central to their proof of claim and you must insist that they produce copies. The Halifax will eventually do this if you are persistent. Point out to them that you have received a lot of information and that you will come back to them with further questions later.
-- Gordon Bennet (email@example.com), July 15, 2002.
I think Halifax must be having a clear out ! We got our judgement set aside , Sent the defence and now have to make a new court date . Meantime we decided to make an offer of 15 hundred pounds they sent a letter asking for us to fill and I&E form before negotioations.We did not returned the I&E forms,BUT 5 days later we received a letter offering us 8,000 full and final settlement and bearing our own court cost and we have not returned the I&E forms.Is it normal practise for them to make an offer without the I&E forms completed? I think this is great news , we are awaiting a reply on our next offer of 3,000 . Wish us luck!
-- nikki tyson (firstname.lastname@example.org), July 18, 2002.
I think you are making a mistake offering more money. I would guess that a lot of their claim is MIG payout related and if this is beyond six years - worthless. They may accept your new offer, but they may carry on insisting for more. My advice would be to stick this time and bluff it out. Keep asking for documents that you haven't been given and make it clear that you are going to carry on putting their claim to the test. Good luck
-- Gordon Bennet (email@example.com), July 19, 2002.
Gordon, what do you mean by 'MIG payout related and if this is beyond 6 years worthless?', My MIG was over 5 years ago, if I hang on until 6 years does this mean they won't chase me for what was claimed on the MIG? Thanks
-- Jessie (firstname.lastname@example.org), July 19, 2002.