Abbey National / DLA Bradford - Being totally misled by one or bothgreenspun.com : LUSENET : Repossession : One Thread
My wife and I handed back the keys to our flat to the Abbey National in what we were advised was considered a voluntary repossession. We left forwarding addresses at that time and contact telephone numbers. Some years later DLA wrote to me demanding a vast sum of money. This sum covered the shortfall between the selling price and the outstanding mortgage, interest amounts and property maintenance. DLA refused to answer my legitimate questions in written replies and fired back intimidatory and threatening letters. The upshot of all this is that I have taken on the debt as demanded and pay DLA a modest monthly fee. My wife and I are now amicably divored and I have no wish to spoil our friendly relationship. DLA wrote to me just recently and invited me to make an offer in full and final settlement on the debt. If I do this and any offer I make is accepted, will these cunning people write to my ex wife and demand money from her with menaces. Notwithstanding, we had mortgage protection insurance which we were led to believe covered just such an eventuality. Would the Abbey National have been re-imbursed by the insurers ? What questions must I insist DLA answer about the original sale of our vacated property. I hope contributors to this forum understand my situation and are able to assist. Many thanks
-- Johnny Grownup (firstname.lastname@example.org), March 30, 2003
Yes the Abbey can/will take your money in full & final - from you. Then they will hound your wife. The Halifax are playing this game with myself and ex-husband.
It may be worth making a full and final from both of you, firmly and clearly stating this in your letter, however, you should bear in mind that they will probably want a larger amount as there are two of your paying. You will also need to state that this settlement is applicable to all areas of the debt, including any insurances and third parties.
However, before you offer anything at all, read the do's and don'ts section and ask lots of questions - keep asking until your questions are answered satisfactorily. These people will not take a settlement just because you *feel* you don't owe them all the money they are asking for, you need to *prove* you don't owe them.
I know it is not really any consilation, but a lot of us here have been/are in the same boat, so there is plenty of advice to be had here.
-- One Angry Mother (email@example.com), March 31, 2003.
I have a similar problem with the Abbey/DLA. In fact as DLA did not comply with my SARN, I made a formal complaint to the Information Commissioner who agreed with me. However I simply "dumped" DLA and communicated with the Abbey direct but never accepted liability. As my husband and I are separated (and they have not to date traced him), I made a full and final offer direct to the Abbey whcih was accepted. However when I queried if this closed the matter "full stop" they told me that they reserved the right to pursue my husband. I with drew my offer and to date have heard no further...although I suspect it will only be a matter of time before I hear from them again.
It is generally understood that they will accept about 5% as full and final so use this as a guide especially as you have admitted liability.
You could try a joint offer and close the matter allowing you to move on with your lives. But meantime you might want to SARN them for all the information they have on the repo of your home. This will allow you to consider if they acted fairly and if they demonstrated a duty of care in the reselling of your home. Did you have a MIG and were they settled from this??? If you did have a MIG ...do you feel it was misreprented to you in any way. Do you feel they "undersold" your home?? Consider all this before proceeding with offers and consider using it as a "bargaining" tool.
I wish you every success and let us all know how you get on.
-- hanging in there! (Anderston828@aol.com), March 31, 2003.
You need to check under what terms your property was purchased. Property ownership is usually one of two things tenants in common or joint tenants. If you purchased your property as joint tenants then I am afraid that liability is both joint and several ie you are both liable for up to 100% of the debt (although they cannot claim 100% of the debt from both. The upshot is if you settle you must make sure that whatever if offered is in full and final settlement of liability from both parties. What I suspect DLA will do is to accept a sum of x from you and then pursue your wife. With regard to the MIG, I am interested in your comments because it is my view that they were blatently missold. You really need to find out the details of the debt, ie capital, interest and any sums received from your MIG. I suggest that you SARN DLA, Abbey National and anyone else involved. The reluctance of DLA to provide information may mean they have something to hide. You could point out that they have failed in accordance with the Per- Action Protocol Practice Direction and with the overriding objective and the matters referred to in CPR 1.1(2)(a), (b) and (c), the Overriding Objective, to act reasonably in exchanging information and documents relevant to the claim and generally in trying to avoid the necessity for the commencement of proceedings. I would not suggest this route at the moment as you are paying an amount and proceedings are not contemplated, but store it just in case. If you are unsure about the MIG, then make sure that in any settlement you come to you request Abbey National to fully indemnity you against any future subrogation claims from insurers. Good luck Allye
-- Allye (firstname.lastname@example.org), March 31, 2003.
A more antagonistic view - DLA have been awarded many awards ie Birmingham Legal Firm of the Year. If DLA write threatening or intimidatory letters to your ex-wife politely write to the Managing Partner pointing out that you would not expect such third rate letters from a leading law firm. If you do not get a favourable response then threaten to report them to both the Law Society and publish their letters to all the organisations who have given them a coverted award!!!
-- Allye (email@example.com), March 31, 2003.