I&E formgreenspun.com : LUSENET : Repossession : One Thread
I have been threatened by Addleshaws that if I don't fill out the I&E form this time within 7 days they will apply to the courts without further notice. I have been fighting this for nearly 6 years and am desperate to settle. Looking at the income part and take home pay - can I just tell them my basic without any bonuses as these arn't guaranteed? I understand I will have to send in pay advice slips and bonuses are shown as a separate line. I am just trying to work out how much money I have to get rid of in my expenditure. Thanks
-- Jessie (firstname.lastname@example.org), September 03, 2002
Dont fill out the I & E form, let them take you to court. There is no legal status to this document, none at all. I suggest that you reread the section on Repossession on this site. Dont fill out an I&E Form EVER !!!!!
-- John (email@example.com), September 03, 2002.
Filling out the form is the worst possible thing you could do - please don't do it.
They are playing mind games with you. You may be desperate to settle, but they have been chasing you for a long time, therefore they are desperate NOT to go to court.
In your shoes I would write back with a short note saying you will be dealing with their letter in the next few days or so, this gives you time to think and also P'sss them off somewhat (hopefully).
Have they provided you with all documents which you have requested?
Have they answered all your questions to your satisfaction.
Probably not, therefore your following letter should re-request the above.
Hope this helps
-- (firstname.lastname@example.org), September 03, 2002.
Thanks for your replies. They have provided documents as a result of Sarn and answered questions, although this was a time consuming process. I have offered a full and final as a 'goodwill gesture' but they refuse to accept until I fill out the form. They said in last letter that unless I do it this time they will apply to court. I was worried incase the courts would think I was not trying to resolve the dispute. I have pushed underselling as my main problem with them with they now say they refuse to accept my allegation with firm evidence. I have thought of taking the underselling to the ombudsman - is this the sort of thing he deals with and without evidence would it stand? Any other ideas of what I should do now? We seem to be going round in circles and have been for 5 1/2 yrs. Thank you
-- Jessie (email@example.com), September 04, 2002.
I agree with the others about avoiding filling in an I&E form. If I was in your shoes then I would write to B&B with a copy to Addleshaws. Why try to reason with the monkey when it's the organ grinder who calls the tune? If you feel that you have strong evidence of underselling and/or other irregularities in B&B's conduct, then write to B&B reiterating your 'goodwill' gesture (I presume this is about 5% or less of the shortfall claim) and making it clear that you refute their claim. I don't of course know details of your particular circumstances but you could add that you believe your offer to be a reasonable one in the circumstances and one that will allow them to settle without doing so empty-handed. My friend went down this path and added that she was 'quite willing for this matter to be examined in a court of law' should the lender (Halifax) not accept to settle on her terms. She was also challenging the inclusion of a MIG payout in the claim more than six years after the event. The real question in all this is 'are you willing to call their bluff'? If you do and it does go to court, are you going to be revealed as having earnings / assets which would make it possible for you to settle their claim in full, or are you in no realistic position to pay? Can you drag up enough mud to cloud the waters in court and make them appear in a bad light? MOst of the stuff the agents acting for lenders throw at us is bluster aimed at getting a reaction they can milk for cash. If you hold your nerve and put them to the arduous task of strict proof of claim then you are making it less and less attractive and easy for them to make money from you. Another reason to deal directly with the lender is that the lender, despite what they might try to say to the contrary, doesn't have to share any of the money they might receive in a 'full & final settlement' with the 'Addleshaws' of this world, which makes it easier for the lender to accept a lower offer.
-- Gordon Bennet (firstname.lastname@example.org), September 04, 2002.
Thanks for your answers, you have just given me more confidence and initiative to keep fighting. In reponse to Gordon - I don't have any assets, live in someone else's home and receive a low wage. another main concern of going to court was I would be made to pay weekly/monthly amounts, I don't want to enter into this as I really want this matter ended and to get on with my life without it hanging over me. Thanks again
-- Jessie (email@example.com), September 04, 2002.
I appreciate your sentiments Jessie, because it's the way most of us feel. My real point was that if you have no assets / low income then there is little to be gained for the lender by starting court proceedings. My friend successfully called the lenders' bluff, but gave them a way out in the form of a small cash offer for full and final settlement. Were you to end up in court then you would have to furnish the court with details of your total income bonuses included, as well as your total expenditure. My friend replied to this sort of threat by saying she would comply with any court instruction to reveal I & E details but she was not going to fill in an I & E form for the lender / their solicitors. Take a tip from me though, deal direct with your lender and cut Addleshaws out of the equation, it's a lot simpler and I believe you will find it easier to resolve the problem without solicitors interfering. Remember that it's in Addleshaws' interest to hold out for the maximum amount they can get, whereas the lender can take a view that it's better to settle and achieve closure since they have other criteria.
-- Gordon Bennet (firstname.lastname@example.org), September 06, 2002.