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Response to I&E form
from Gordon Bennet (arsenewhinger@hotmail.com)
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.
(posted 8554 days ago)
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