Abbey National - Accepting my "Full & Final Offer" - Need Advice Pleasegreenspun.com : LUSENET : Repossession : One Thread
Further to my recent posting (Abbey National - Help!)....
I wrote to them and explained my circumstances offering a small F&F Offer. This was all the money I have and being on Incapacity Benefit it wasn't much. I think I had a good case against them and had nothing to lose...but with health failing I wanted the matter over. I said the offer was in full and final settlement for all parties involved as per advice from this site.
I was astonished to receive a letter by return post accepting my offer. The wording is concerning me a bit and I want to make sure they don't go after my estranged husband which will only end up giving me problems in return. I wouldn't wish this on him even though he was joint borrower. He doesn't have the means anyway and last I heard he was unemployed.
The letter ends......
"I am sorry to learn that you believe your health has suffered as a result of this situation and as a gesture of goodwill, and to bring this protracted matter to an amicable conclusion, I confirm that I am prepared to accept your offer of £XXX in full and final settlement. I confirm that on receipt of this sum, any adverse credit rating in relation to this debt will be amended to show as satisfied, and your liability will be at an end."
I'm really not sure about this and if anyone out there has any real legal advice (Scottish Law) I would be grateful. I don't want to part with this money and then find my estr. husband giving me grief and the whole thing regurgitated!
Someone mentioned getting a solicitor to draw up a "deed of satisfaction". How much will this cost me in case I don't get legal aid for it?
This morning I felt elated when I got this letter from the Abbey but now I feel confused and very apprehensive
Can anyone keep me right .....please?
-- hanging in there! (Anderston828@aol.com), January 09, 2003
No matter what happens between yourself and the Abbey, they are still legally entitled to go after your hubby. Now is the time to think of yourself and accept their offer, just make sure you have it in writing before sending payment and for them to confirm that there wont be any action from other companies such as MIG providers.
-- Sue (firstname.lastname@example.org), January 09, 2003.
Yes unfortunately they will leave an option to go for your husband. I know this is difficult, but you do need to look after yourself first.
P.s. Keep coming back to offer assistance to others, as your a good member to this site Anderston
-- Geoff Winters (Geoffemail@example.com), January 09, 2003.
First let me say this is wonderful news and I am very pleased for you. Please put yourself first, if you get grief from your estranged husband point him in the direction of this site, you are not his mother and he, as an adult I am sure, is more than capable of organising his own life (although judging by my ex I'm not so sure!!)
If you can, I would get a Solicitor to make sure you draw something up to state that this is a full and final settlement for all parties concerned to make sure.
I do hope you don't get any grief from your ex but put yourself first and get your life back on track. Both my fiance and myself are very very pleased for you. Get your elated feeling back.
-- Chris (firstname.lastname@example.org), January 10, 2003.
I was/am in the same boat. The Halifax accepted my f&f offer of 500 quid back in Nov, and sent me a confirmation letter stating that no further action will be taken against me with regard to this "debt", but they would now pursue my ex-husband for the balance of the (made up) "shortfall".
I think you have to listen to the others, and look after your own interests. Give them the money and get them off your back. As your health is bad, having these money grabbing, lying, heartless pond- scum hassling you for the rest of your life is not going to help any chances of recovery. And if even if your health was good, do you really want to go through this sh*t they are creating for the rest of your life.
If it helps your conscience, do what I did, pay your money, get your confirmation letter and then tell your ex-husband what the situation is and offer to give advice if they start to harrass him. At least then your ex-husband will have some warning of possible repercussions. Hopefully, after the initial shock, he will calm down, think rationally, and be able to prepare himself. You are not responsible for your ex-husbands life, but you are responsible for your own. Although I felt quite bad when I told my ex-husband that the Halifax BS (short for Bas*ard Society) would probably hound him now, he took it very well and said he would have done the same in my shoes.
Wrt your "Deed of Satisfaction." Some solicitors arrange half hour/one hour appointments for a set fee - say 20 quid for half an hour and any letters cost extra on top. It may be worth finding out if any solicitors specialise in debt law in your area and giving them a ring.
Get your Deed of Satisfaction, write out the cheque, and get on with the rest of your life. This is marvellous news and you have to take advantage of it.
All the very best luck.
-- One Angry Mother (email@example.com), January 10, 2003.
Deed of Satisfaction
I contacted Citizens Advice by e mail about this today. They've told me that this document is only used in 1/2000 cases and it may well not not protect my interests. They say I need to see a solicitor and try and get Legal Aid as it is costly.
I've written to the Abbey today to ask them to confirm that the F&F settlement, is for all parties (inc:all borrowers, MIG companies etc) and hopefully they will be sympathetic(?)
Otherwise, I may decide to ride the storm, get a deadlock letter and complain to the FO. If they take me to court I've got no assets, so they can't take what I haven't got. F&F has to be exactly that.If they contact my estranged husband I'll be back at square one really!
-- hanging in there! (Anderston828@aol.com), January 10, 2003.
I'm not sure why you're so concerned about your estranged husband being contacted. It may be difficult for you to discuss this on a public board. Maybe you'd like to contact me privately about this?
But I would just make the point that up till now he's seemingly been in a position where it's been you - and only you - who has been pursued by the lender, and you've presumably had to go through all this on your own? Have you not told him what you've been going through? I guess not.
I think it's incredible of you to try to protect his liabilities like this - and maybe the best thing you can do for him is tell him to look at this site - but as the posts above suggest I reckon that the lender will reserve its 'right' to go after him. I'm afraid it's just what they do.
You have done what you can by asking them to accept a settlement binding on all parties, including both borrowers.
I can't give legal advice, I'm not qualified, but I would reiterate the sentiments expressed above that you must regard your own health as a priority.
Sorry not to have been of more help, M. My own ex-shortfall was not a 'joint' liability so my experience and knowledge is of limited use to you and your particular circumstances.
-- Eleanor Scott (firstname.lastname@example.org), January 13, 2003.