update to n&p Is solicitor right?

greenspun.com : LUSENET : Repossession : One Thread

Since original message (see shortfall 1500 then wanted 18000.00) My wifes solicitor has supposed to have got a settlement for 2750 . But since finding this website and seeing all the infomation We can only get access to 2000 to pay. We gave this info to our solictor who insisted we find the rest or he may not act for us. He did not know what a s.a.r notice was even. Are we being unreasonable not to accept his proposal or should we continue with sending sar's to n&p and mig requests and forget the solicitor. I do find his responce very unusual and why pay the money to him and not direct to n&p. If we pay we hope to recover the money by sueing her ex-partner because his ignorance has caused this in the first place, what chance of recovery do i have. I hope someone can shed some light! steve

-- steve walton (steve@waltonloft.freeserve.co.uk), January 03, 2001


I don't like the sound of your solicitor - just who does he think he is acting for? The fact that he doesn't know what an SAR is suggests to me that he is in danger of being shown up as negligent; I would stand your ground with him and insist he does his job properly or go swing for his fee. With regards to suing the ex-partner - best of luck. Ignorance of the Law is not grounds for a civil prosecution however; you will need to demonstrate intent to injure/defraud/evade responsibility for the debt on his part. Despite having a concrete case with all of the above claerly proven in my case, I failed to get any recompense. The courts see it as a domestic issue between your partner and her ex, and most solicitor's will not touch it.

-- Too scared to say (iwasduped@yahoo.com), January 06, 2001.


If you put a summary of your email to me here (now that I have finally found the thread again!), I'll have a crack at offering an opinion if you like. All best,

-- Eleanor Scott (eleanor.scott@btinternet.com), January 14, 2001.

Hi My wife has decided to pay (see update to n+p is solicitor right) I do not go with this idea but she has bow down to the pressure of constant attacks and I think it is starting to take its toll on her health. Do you think this offer of 2750 is a fair deal when chasing 18000.When there was a real shortfall of 1500 which came around after she had left the house two years later due to her ex boyfriend 's inability to pay the mortgage(he tried to take it on his own). There is then the question of her suing her ex boyfriend for the money in small claims after all he has signed a letter in court saying he accepts all liability for any debt incurred. Will this stand up or is it not worth the paper its written on. Sorry to write to you but I do not know what is right or wrongthanks for reading this , steve

-- steve walton (steve@waltonloft.freeserve.co.uk), January 16, 2001.

If she really wants to settle and she has the 2,750..then it's not a bad deal really, all things considered. It must be set in stone with the N+P that this is a full and final settlement and that your/her record will be expunged of the debt (bet they don't). Mortgage debts are difficult to pursue through Small Claims, the paper the ex signed will not apply to many debts (such as credit card debts where your ex-wife was the primary cardholder, in fact any joint and several liability (with any party), including the mortgage. If she can hold on,I wouldn't pay them a bean.

Best of luck.

-- Too scared to say (iwasduped@yahoo.com), January 16, 2001.

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