Edinburgh Mortgage Corporation

Jules69B

I need help, When I left my first husband and after my flat was repossed and sold in Dec 1997 there was a mortgage shortfall. I have remarried and have 4 kids now. I have not been contacted about it until last year when they sent me a letter demanding payment of over £9,000. I replied using a letter about the six years no contact etc that I found on thie site. but I have now received a letter telling me that it doesnt apply to my repossession as it was before 2000. Then out of the blue today She phoned on my work mobile having tried my ex directory home line, stating that they will persue me for this money and do an attachment of earnings etc. We are struggling to get by and have other debts and I am just in total dispair. I dont know which way to turn and want to know why this legislation and voluntary code for Mortgage comapnies does not apply to my debt. Is this true?? My ex husband has his own house and company earing lots of money so why are they claiming it from me??
What can I do now? I dont want my family to suffer any more from this, but I cant see any way out of this debt

Thanks

dimbo61

Contact the CAB and debt helpline people for advice but I think they are trying it on so dont pay a penny until you are sat before the judge!

SouthCoast

Many people find themselves being asked to pay large sums by their mortgage lender after they have been repossessed or have handed in the keys on their house. Often people think that once they have left the house their liability ends. However, this is not the case if the house is sold for less than the outstanding mortgage. The debt that remains is usually referred to as a mortgage shortfall. This also includes the monthly instalments and interest that has been added on to the debt until the house is sold, plus legal and estate agents' costs.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls

P.S. If you are in Scotland I think that the limitation is 15 years.

Jules69B

Thanks,
I know what the shortfall is. My ex husband made sure that I didnt find out the flat was going to be repossed until the day it happened so I had no chance to sort it out. He was in possession of the flat but wouldnt let me sign it over to him and as far as I knew was renting it out.
My concern is that after almost 13 years following repossession, they are saying that the Legislation regarding repayments does not apply to this existing shortfall as it was before Feb 2000. Where can I go to find out a definitive answer. The CAB are booked up for weeks and They are allowing me 7 days to come back to them with a proposal. Obviously I am not going to pay anything or enter into any agreement until I find out the full facts from Someone who really knows but I dont know who to ask.

SouthCoast

Update:

Scotland is 20 years.

WARNING
You can still be asked to pay back a shortfall a long time after you left the house as mortgage lenders may be able to pursue the debt for up to 20 years after you stopped paying the mortgage.

Contact National Debtline:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=14_mortgage_shortfalls

Jules69B

I have sent letters asking for the details of this and still no response other than the usual threatening letters. They are now calling me on my work mobile and I am still no further forward.
I have spoken to CAB who say that I have done everything I should be doing. Anyone know what else I can do to get this sorted?
It is making me ill worrying about it and I cant get anything else sorted for my other debts until this is sorted. Please can someone tell me what my next step is.
Julie

hearts

Jules69B wrote: »

I have sent letters asking for the details of this and still no response other than the usual threatening letters. They are now calling me on my work mobile and I am still no further forward.
I have spoken to CAB who say that I have done everything I should be doing. Anyone know what else I can do to get this sorted?
It is making me ill worrying about it and I cant get anything else sorted for my other debts until this is sorted. Please can someone tell me what my next step is.
Julie

Make sure all your present possessions are in your NEW husbands name. I don't think he can be held responsible for your debts before the marraige.
They are going to try their damndest to get money from you, so you need to take good advice from CAB or/and a Lawyer.