Reposessed 15-18 years ago

workingmumoftwo_2

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This will be a long one so apologies. My partner had his flat repossessed in the early 90's by Barclays. They sold it for less than he paid for it so he had been paying small amounts back (£10 per month) until April last year when we had a tough time. He did not have any remainders from Barclays until April this year when they wanted a budget review. Another remainder in May came so I sent a letter on 9th June requesting the credit agreement, statement of all money he had paid over the years. He has never had a statement from them. No reply, then Thurs eve a knoock o the door from someone from "barclays Mortgages". I would not let them in and said they must write to him. Today a letter has arrived from Davis Coleman wanting a meeting or for him to fill in this budget sheet. What I would like to know is why they have never sent any details of the credit agreement, statements etc Why have they never tried to take him to court and why have we suddenly had this knock on the door. Checked their website and it does not say they are a debt collection agency. I'm posting this as Debtline are busy on the phones and am desperate for some advice. Our house is in my name, my mortgage so they cannot take anything. It's all a bit odd. Any advice so I don't lay awake all night would be gladly received. ( I did post this on the mortgage bit and someone advised me to request the details from Davis Coleman. Any other advice???)

Hannah_10

They're not sending the documents you requested because they know something you don't...

That an alarming number of pre-1997 debts were mishandled and are therefore unenforcible and illegal.

You're asking for paperwork and they're getting in a flap because the last thing they want is for you to know your rights and to follow them up- it means they wont get paid. So they need to think of something sharpish. What they came up with was "try the door steppers", "try pretending we never got the letter", "send him the scary threats"... Yeah yeah yeah, heard it all before.

Back to step one, you've got a right to a breakdown of those accounts (well he has anyway, not sure about his wife) so get another letter off, there's a template you might be able to use HERE but I'm hoping someone clever comes along and checks to make sure it's appropriate. He's not to sign it, he's to use a different font (called signing digitally). That bit's important. Send this one in his name and by signed for post (about 80p more than normal 1st/2nd class).

workingmumoftwo_2

Thank you. This is what I thought. My partner was young at the time, self employed and the bank manager told him he needed to get on the housing ladder. When it all went pear shaped, he paid bits off per month (£10 per month). We have been together for 9 years and he has never had a statement. he stopped paying last year due to business going quiet agin and our two kids needed feeding!!! He is gettting worried but I have checked his credit rating and there is nothing on there. He does not have any credit at all!!! It was only 4 years ago he changed from a Buliding Society account to a bank account because he hates banks so much. I will write to this Davis Coleman and Barclays to ask for the details and see where we go from there. My partner has no paperwork and is not sure as to whether he ever had any.

Hannah_10

workingmumoftwo wrote: »

We have been together for 9 years and he has never had a statement.

he stopped paying last year

I have checked his credit rating and there is nothing on there. He does not have any credit at all!!!

Ohhh this gets better and better.

I still would like a cleverer bod to double check this please, but unless I am mistaken if all three credit reference agencies show nothing then you can skip what I just said and go straight in with the "statute barred debt" letter instead. :T This one for England. This one for Scotland.

Tell him under no circumstances pay another penny till this is cleared because this is looking highly like uneforcible/illegal debt to me and it sould be possible to get it to go away with a few letters.

While we're waiting for a cleverer reply have a read of this thread. It's long but it's worth the bother.

NorthernLas

Sorry to be the bearer of bad news, but I am not sure that CCA applies to a mortgage shortfall after repossession.

Also, as your OH has been paying towards the shortfall, this is acknowledging that the debt is his, therefore it is not statuted barred either (and for mortgage debt it is 12 years and not 6)

I found a fact sheet on this subject http://www.insolvencyhelpline.co.uk/debt_factsheets/mortgage_shortfalls.php. The leaflet suggests you can request a SAR (Subject Access Request) for £10 and they have to send you all information the hold. However, I have no idea how far back this would go.

Others may suggest that the first thing you do is send a 'prove it letter' to Davis Coleman. Then the onus is on them to prove that they have evidence that OH owes money.

handyman123_2

Something doesn't seem right here. Whether on not is it's stature Barred, 6 or 12 years or if a CCA doesn't apply. There should have been statements and reviews. I just have a feeling someone is trying it on.
Send the prove it letter, ask for a statement of account. It could well be unenforcable. Also ask that all communication be in writing, and say that no doorstep callers without appointment. (which you will never agree to).

When you have more information, post up again. Someone more expert will be along to help.

Cheers, handy.

workingmumoftwo_2

He's not really saying he does not owe the money, but when it was going through, he had an offer which was £6k higher than Barclays sold the place for and they would not let him sell it so he feels completley shafted by Barclays. I'm sure he was missold as this is going back to the early 1990's. They have been very arrogant when calling him in the past, threatening bankrupcy-he did say please do!!!

fermi

CCA does not apply to a mortgage debt.

Limitation Act does, but only applies if there was a period of 12 years without any acknowledgement or payment.

Bankruptcy would of course clear the debt regardless, but is a serious undertaking.

workingmumoftwo_2

Do they not have to supply statements of how much has been paid over the years and show how much was owed etc?

nuttyp

We were repossessed in may 1993 and wasnt chased for the shortfall and all payments until 2005. We eventually had to go BR as there was no other option - HALIFAX didnt give any extra help as they say. They just wanted over a £1000 a month, not a chance i dont even earn that much!!

We were advised that they have 12 years from the date of the last contact they have had with you. Sorry to be the barer of bad news over it, and prior to BR i had an excellent credit rating, it never appeared on the referance agencies.

workingmumoftwo_2

We just want the facts of how much has been paid, how much was owed etc and they don't seam to want to provide that information which I find odd.