Getting stroppy - Halifax : LUSENET : Repossession : One Thread

They now say that they are willing to provide me with requested documents ONLY if I send them I & E form with proof of earnings, etc. Otherwise they will go to court. Also requesting a proposal for payment or a settlement offer.

-- (, February 17, 2001


Did the lender state this in writing?

Keep that letter! It appears to be a breach of Civil Procedure Rules, from what you say.

-- Eleanor Scott (, February 17, 2001.

Yes it's in writing, although carefully worded, actually says, '...client has advised that they would be willing to provide additional details. However, before this is supplied Halifax would appreciate confirmation of your intention to co-operate and provide me with your financial details and proposals for the settlement of your liability.'

-- (, February 17, 2001.

letter ends with them STILL looking forward to my completed I & E form together with supporting documentation and proposal for payment a.s.a.p.

-- (, February 17, 2001.

It appears the Halifax are extracting the michael.

Please don't fill out I&E forms, keep writing those letters requesting info/documents which prove the alleged debt.

Good luck

Stephen Pooley

-- (, February 17, 2001.

I agree with Stephen. I don't think that the lender has any right to try to 'trade' information like this. You, on the other hand, are absolutely entitled to ask the lender to prove its claim against you. You must satisfy yourself about the extent of any liability you may have, before you even consider a settlement, and you can't do this till you have seen all the information relevant to the lender's claim. Check whether or not the lender has the originals, by the way, or just copies.

-- Eleanor Scott (, February 18, 2001.

I'm with Stephen and Eleanor on this. They are making the claim, so they need to prove the claim before you get down to the business of whether or not you have the means or the intention to pay it.

Until Halifax have proven their claim, there is no point in discussing how you will deal with it.

Shame to hear the Halifax is acting like this - they used to be OK. Let this be a warning to any readers that are looking for a new mortgage.


-- Lee (, February 19, 2001.

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