I served a SARN on Nationwide a while ago and got a huge amount of paperwork back. From what I can see they have done everything so far by the book - they got a fairly good price for the house etc.

Their lawyer has now written to me offering a FINAL settlement amount that I can accept, or they will go to court. I obviously want to try to avoid court and get the settlement amount down. Unfortunately, they know I have some equity in the house I own now.

Can anybody suggest how I should proceed from here? Will their lawyer go to court, or is it a bluff? How should I word a reply to get the settlement figure down, without admitting liability?

Sorry for all the questions! Many thanks Brian

-- Brian Party (brianparty@hotmail.com), November 08, 2001

Answers

Hello Brian,

Make sure you letter in entitled in big bold letters "WITHOUT PREJUDICE".

This is part of the wording I used: "By making this offer we do not, in any way admit liability to the alleged debt. For no reason other than to resolve this matter quickly, in a reasonable way, and not to waste any more of your time, our time, and the Court’s valuable time, we are willing to make an offer of £xxxx in full and final settlement of all claims you and your client may have against us and not otherwise."

Good luck

Stephen

-- (stephen.pooley@ntlworld.com), November 08, 2001.

Brian i would definitley try what stephen has suggessted as i am in the same boat, but in answer to your question i would say yes they will take you to court as they are taking me, i have already had to complete court papers & as you will have seen on my posting they are in the process of serving a summary judgement on me. They have also threatened me with a charging order on the property which i now live in to rank behind the mortgage i have now. i have on several occassions made offers without prejudice in full & final settlement to the solicitors but they don't even bother replying just keep taking it a stage forward with regards to court action. i am now awaiting a court date. all the very best though hope you get on better than me. cheers andy......

-- andy (andypel@aol.com), November 09, 2001.