Abbey National : LUSENET : Repossession : One Thread

Recently I sent the Abbey a letter advising them I was ready to forward my complaint re the mis selling of a MIG, underselling of my house and the inaccuracies I found in the SARN info, and that I felt that the matter was time barred etc. I also told them I had considerable evidence in support of these claims. This was really my last ditch attempt to give them the opportunity to drop their actions against me, rather than go through a long protracted procedure with the FO. I had already made a F & F offer some time back which they had actually accepted, however I withdrew the offer when they advised they reserved the right to pursue my estranged husband. As we were in the process of reconciling I wanted the F & F to cover us both as otherwise the offer was pointless.

Anyway in reply to this recent letter they have advised that they are now going to launch a full enquiry. However they also go on to say that there are some cases where a customer might accept a modest amount of compensation to settle the matter and that if I make them aware of this in advance they might be prepared to settle the matter immediately.

They enclosed a form asking me to detail what my complaint is, what I want them to do about it and how much compensation I am looking for! They make no reference to the matter being time barred etc.

I have not advised them yet that my husband and I have recently reconciled. Although my husband works, we are in a council house, no assets and he is going to be paid off at the end of the month. I intend to advise them of our reconciliation when I write back.

So what do I do? Do I present my F & F offer as before but on behalf of both of us? Do I ask for compensation from THEM as well? Or do I say look I'm not admitting liability but for the sake of good will shall we call it quits and not offer anything.?

Is this approach by them some devious tactic or what?

Any advice is really appreciated.

-- too scared (, June 14, 2003


I would be scared of this too Skint.

did your previous full and final settlement letter include 'Without Predjudice' clearly on the letter or state that you dispute their claim etc.

If it didn't then you have already reset the counter i'm afraid for another 12 years (for you not your partner - he would only be effected if you had paid money over) and really you have nothing to loose in YOU (not partner) replying to their form. If you did then I would be very careful about completing the form.

You mention that the property was undersold and that you have considerable evidence - realistically is the undersell money greater than the shortfall claim, did you have an independent valuation carried out before repossession that can substantiate this.

Based upon past experience with this lender I would be suspicious of anything they send to you, it would be their cheek to pay you a peanut compensation and continue pursuit of the shortfall, then if it went to court your undersell argument wouldnt be considered.

Please clarify

-- fairer financial world (, July 09, 2003.

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