Nationwide/eversheds "home Visut"greenspun.com : LUSENET : Repossession : One Thread
Here is a copy of a letter i intend to send to Eversheds since they have now threatened me with a "home Visit" i assume this is a case the place for the bailifs...
Having been looking at the SARN I find some problems showing things were done VERY differently to how me and my now EX wife wanted them/were told they would be done.
I also refer you to conversations held with your predecessor Alison Gilbert, who refused even to take my request to Nationwide for comment. I have not filled in the PFD (see letter dated 5th Jan 2002) because I was advised it might be against my interest and the human rights act to do so.
You may not realise it, but the run up to Christmas (a tight enough event in this household) is not an easy time to get ones head around such things. Thus I have not till very recently got my mind back to this matter.
You will be aware that I have tried on several occasions to resolve this matter with Nationwide direct (before you were involved) and they failed to keep appointments. I also only returned my keys after asking the Building society Manager (in the one meeting that she did keep with us) advising me the cost of settlement would be “about £1000”. This was the main reason we decided to return the keys. When I offered Ms Gilbert to settle for the £1000 the BS told us it would cost she laughed at me and told me to be serious.
Now you have a copy of my FinDec from when Ms Gilbert demanded I filled it in and told me it was illegal not to (another lie), my circumstances are not much different, but the costs of household expenditure have risen. If this matter is to be dealt with to some sort of conclusion I want it resolved not to carry on forever. I need the stability to know its not going to continue chasing me. Therefore I ask what you consider a reasonable sum of settlement, when at £10 a month this will take over 8 years for me to pay £1000, and in my present financial state I've been advised that a court would grant you nothing or a derisory sum of 50p a week. Making me bankrupt is pointless I dont own anything!
please feel free to advise, BUT please make it fast i want to post this letter tomorrow if poss.
-- M Slade (firstname.lastname@example.org), February 06, 2002
Please do not send this letter - firstly it contains a lot of irrelevancies, and secondly it is so rambling that they will just laugh at it, and also, it contains what amounts to an admission (in other words you are agreeing you owe them money) So far as saying what this woman had said about the £1000 - can you prove it?
Get yourself off to the CAB or a Solicitor smartish, you will likely get legal aid for the latter and follow their advice or let them handle it for you. A well structured letter basically setting out that you are "a man of straw" will probably make them leave you alone as well as might a threat from yourself to make yourself bankrupt in which case they would be in the list of creditors for any payout the Official Receiver determines, and if there's nothing to be had, there will be no payout!
See that solicitor or CAB office today!!!!!!!
-- David J. Button (email@example.com), February 07, 2002.
Yes! DO get some help on this letter - what David says is absolutely right...for such a crucial letter, it's really worth getting it 100% perfect, and being completely clear what the arguments are that you want to make.
And do it today.
-- Melody (firstname.lastname@example.org), February 07, 2002.
Hi all and Thanks for advice so far.
My main problem is i dont want to have this debt chasing me forever... i really want it ended. if i keep getting respites its still there waiting there next attempt.
unfortunately i dont have proof of the comment about it only costing £1000 BUT do i need to prove it?? surely the onus is on them to prove they didnt say it, and they cat prove that either.
i cant get to see a solicitor till tomorrow (at the earliest (unfortunately) cab is same (its shut tues and thursdays)
i just wanted to put off this "home visit thing"
so how about i send em a letter re requesting proof of debt?? and denying i am accepting it.. just to keep chanels open?? or am i better off getting them to take me to court where at least there will be an end to it (eventually)
-- M Slade (email@example.com), February 07, 2002.
I wouldn't woory too much about the home visit. According to letters sent to me I have had 3 so far and was told to expect further visits.
To date: absolutely nothing. In fact the person who was supposed to visit me had actually left the company 6 months prior to the letter saying he was coming!!!!!!!!!!!!
In my opinion it is just another way to frighten you. Bailiffs can only legally visit after a court order.
-- matt (firstname.lastname@example.org), February 08, 2002.
The idea of a letter simply saying you don't accept their claim and require a full breakdown of how they arrived at their figures is much better than your previous letter. It would still be a good idea to get advice from CAB and/or a solicitor. To avoid the tendency of these people to just go away for a few months/years, only to re-emerge later, send all letters Special Delivery, so you can check online that they've received and signed for them. Then if they don't answer a letter within say 10 days, write again demanding an answer. Good luck, and don't worry - it will all come to an end!
-- Melody (email@example.com), February 08, 2002.
Hi Mark, Just a few words of advice. You did not say how much they are claiming you owe in shortfall but i can say my shortfall claim was for originally £45,000 that was nearly 3 years ago. Since then I have used a combination of useful advice from this web site and help from local solicitors,(keep away from CAB they are crap!)Eversheds offered me a chance to make a full and final settlement of £5,000 of which at the time i could not afford. an agreement was made to repay the debt on a monthly basis, and to be reviewed 6 monthly.However review time came around and my increased monthly payment was rejected! Due to this rejection a claim was put in at the County Court although I was still paying the monthly instalments. I was then taken to Court late last year where a judgement was made against me for in excess of £65K and although I have no savings, equity or possessions, they now have put a Charging Order on my jointly owned property (with new partner!). So therefore my advice is do your very best to keep it out of Court and agree to a reduced 'full and final settlement payment' without delay !!
Best of luck !
-- Daren Otsay (firstname.lastname@example.org), February 08, 2002.
Hi Mark which ever way you look at it you are in for a long haul, they wage a war of attrician they have all the time in the world to chase you and are in no hurry to settle. With that in mind please look to the advise of sending a letter not admitting to anything, as few of us are experts in legal styles dont worry if you say what you want to say they will soon get your drift rambling or not. Make them prove the debt and do not accept anything they say at face value. As for the CAB or your local solicitor I garantee after 6 months of looking into my case my knowlage of this branch of the law is better than most solicitors, and you will be the same. Only you know your case and you are the best person to fight it, its not rocket science after all.
Hang in there All the best
-- Jon S (email@example.com), February 10, 2002.