Advice urgently needed waiting for court date from the Halifax re;repo in 94,greenspun.com : LUSENET : Repossession : One Thread
Plaese can anyone give me some advice, have kind of gone as far as i can on my own, am at the stage where; Addleshaw booth ( for Halifax) have given us 1 month to settle out of court or they will continue with court action all paperwork has been filed at court, have only just found out about SARN .....has anyone else gone further than this at what do i do next.. have a piece of paper that says mortgage deed that hubby and I signed in 89 and a few pages of mortgage conditions 1988, please help ........
-- amanda barton (firstname.lastname@example.org), May 29, 2002
I was under the impression that Addleshaws no longer acted for the Halifax!!!- have you already had a claim form served on you etc etc
-- woh knows (email@example.com), May 29, 2002.
Addleshaw Booth do act for the Halifax as they were consulted for legal advice in my own case (I have a copy of their legal advice letter to the Halifax through SARN).
It's a bit difficult to respond to your request Amanda without knowing more about the circumstances. Has a court summons actually been served on you? Have you acknowledged the debt Halifax are claiming? Do you have a breakdown of the claim? Did you have a MIG policy on your mortgage?
My advice to you would be to read the section on repossession and to serve a Subject Rights Access Notice on the Halifax as a matter of urgency!
I would send a letter in response to the threat from AB telling them that you are not satisfied that their client has given you proof of the debt they claim you owe them and informing them that you are serving a SARN on the Halifax.
The key here is to seek information and to buy time in order to assess your situation. What they are banking on is that you and many people in similar situations will be intimidated by the threats of court action into agreeing to pay up, either in monthly payments ad infinitum or a lump sum.
You need to establish if your property was correctly re-sold for a fair price for example. Look at the various sums that make up the Halifax claim and check to see that they can supply copy invoices for repairs.
-- Gordon Bennet (firstname.lastname@example.org), May 30, 2002.