Debt collector chasing mortgage payments on a repossesed house

CAM09

Please help! Not sure if this should be here or on the debt board? Sorry if this is wrong.

I posted a while back about my OH's ex-wife leaving the house that was in joint names to be repossessed. This was still showing as money owing on my OH's credit report, even though the house had been repossessed and then sold on.

Today we have had a letter from a debt collection agency saying they are chasing £5k for unpaid mortgage payments and solicitors fees. The house was sold in Aug 06 for £136500. The was approx £120k (eta sorry, forgot the thousand bit) left on the mortgage. My OH called the debt people and they say they want a large chunk of the money today and asked for all his details and then for my salary etc.

• My question is, can they chase payments on a house that has been repossessed and then sold on for more than was left on the mortgage?

• The house we live in now is in my name. What if anything can they take from here?

• Can they involve me?

This is a big mess and we have no paperwork as the ex had everything.

• Can we demend to see proof of what the house was bought for (we can see it on Upmystreet) and where the extra money went and why there is still more owing?

I have tried citizens advice but they never answer the phone and we have an 8 week old baby so I can't really just pop in to see them.

Also, if we do have to pay this money, can we just pay half and leave the other half for the ex or will they chase us for all the money?

Thanks for reading this far and sorry for the long post. We have never had any dealings with this sort of thing before so any advice would be much appreciated.

Thank you

maninthestreet

Yes, your OH can be chased for up to 12 years for a mortgage debt - but, how has a £120 debt following the sale of the repossessed property ballooned up to £5000 in just over 3 years? You are not responsible for your OH's debt on this property, and the debt collector cannot demand any of your financial details.
You can see what price the property was sold for on houseprices.co.uk.

CAM09

Thanks Maninthestreet - sorry I missed the K off the £120 figure!

My OH has just spoken to both the mortgage people and the debt collectors. The debt collectors are sending a statement of what was owing on the house when it was sold and confirmation of the selling price (we've already had this verbally from the mortgage people although they couldn't tell us what was owing). Is this usual for the mortgage people to have no record whatsoever once it has been passed on?

I also called CCCS who told me to use an N245 form to stop any baliffs coming.

Next question, if both the mortgage people and the mortgage peoples solicitors have no record of what was owing, how do we know the debt collectors have it right?

If it is correct, what might be a reasonable settlement figure on a debt of £5900? If it gets this far?

Thanks again

maninthestreet

Ok, so the mortgage debt was £120K, but the house sold for £136.5K? In that case, your OH is owed £16.5K, less any repossession/selling costs.

batley1

Yes, when the house was sold, all debts owing would have been taken, including arrears and fees. The rest would have been refunded in a settlement after costs.