Mortgage shortfall from 1995

MrsTinks

You say you paid nothing since you moved out... but was the mortgage in just your name or did someone else carry on paying for a while? As RAS says - find out if you have had any CCJs before...

michelle667667

Hi Thanks for your replies guys.Right firstly no one else carried on paying after i left the property andsecondly just done the search on the trust website and nothing is registered for a ccj against me. What now?? Thanks in advance i very much appreciate you taking the time to give advice.:j

fermi

Please read carefully through the information in this link.

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

SouthCoast

And bear in mind that the law is different in Scotland.

Get professional advice from the free debt charities.

michelle667667

I've read through the link and it appears I could actually download 2 of the template letters because they both apply to me. Ive had no contact with the rbs before 2000 in fact since i left the property probably as I say because I changed my name. Could this be construed as evasion on my part and could they use this as a defence?? In any case do I get in touch with them ??:(

GeorgeUK

To enforce the debt, all they had to do was get a CCJ/Decree (England/Scotland).

You need to be very sure about the dates. If you have not acknowledged the debt in writing (you writing to them), and not made any payments towards the debt for 12 years (i think it is 20 in Scotland), then the debt is statute barred. If it is not yet statute barred, then you need to find out exactly when the last payment was and how long you have left before it becomes statute barred.

Jacks_xxx

Hiya Michelle, :wave:

You've had replies from some very knowledgeable and lovely posters whose advice I trust.

As a veteran of these boards and fairly experience debtor of this parish I agree with the advice so far hon. The first thing you need to know before you do anything is if there's a CCJ against you in relation to this.

If there is, the date of it is very important.

This can all be a bit scary, I know, if you want some physical support in person the C.A.B. have trained debt advisors who can hold your hand through this.

Find one here at one of these links

http://www.cas.org.uk/

http://www.citizensadvice.org.uk/

Don't write to RBS or speak to them until you know all the relevant info and dates. That's really important.

Regarding changing your name and whether this could be regarded as evasion - if there is a record of the violence then you have a defence against that. If you don't it will be trickier, but not something to worry about yet. Get your ducks in a row first.

Keep posting hon, and people will keep replying.

michelle667667

I've no ccj's registered and i've done an experian credit search and both turn up nothing!!!! If it was a smaller debt I'd really consider trying to pay this back but the amount is scary. I could never do it and stay afloat i'd have to go bankrupt! I know i wasn't living at the property in June 1995 definately so that makes it 15 years and 6 months up to now. Is there a more definitive way to see if any ccj was recorded against me as I cannot believe I've turned up absolutely nothing!! They are seriously taking a chance with this debt arnt they??

dancingfairy

Hi Michelle I don't know the answer but hopefully someone more knowledgeable will come along, what I would say that if the worst comes to the worst bankruptcy is not that scary - I can't imagine it is more scary than having to leave a violent relationship. Honestly if you have to go bankrupt it is not the end of the world - hopefully though you won't need to.
df

michelle667667

I think I'm fairly clear on what to do now I've been doing a bit of digging myself and it looks like this whole debt could be statute barred anyway so I'm gonna download a template letter and get it sent off and see what happens...hopefully nothing!! I will keep you all posted and thank you all again for taking the time to reply.I started this month scared to death but have gained a little more knowledge now and am a little more secure in what I now know thanks to everyone on here who took the time to direct me.Many many thanks...have a lovely xmas everyone :beer: