Help with mackenzie hall and CCA's

money_probs

help is required!!!!!!
I have received a letter from Mackenzie Hall on behalf of Northern Rock.
I had a mortgage with northern rock and approximately 3 years ago the house was repossessed as i could not make the payments on my own and my ex was not willing to pay. (joint mortgage.)
The property was sold by northern rock but there was a short fall which i have just found out about. When Mackenzie Hall phoned me they asked me to go through some security questions and i answered them all apart from my date of birth was wrong on there system. so they could not process this any further until they had talked to northern rock.
I since obtained a copy of my credit file and this is no where to be seen?????? should this not show up?
I have had a look at some other posts on the site about Mackenzie Hall and other people have had dealings with them.
Would i be right in saying that if it is not on my credit file the debt is not technically mine??
Anyway regardless of that should i be going down the CCA route which every one is talking about on hear? and if so does someone have a draft copy of the CCA request i could use??
Another thing is that all this was joint so is my ex responsible for half? i did hear that she had become bankrupt but am unsure if this is true! some advice and help is needed urgently as they require contact by the 18th April.

fatbelly

If your ex is bankrupt, she will show up on an insolvency search

http://www.insolvency.gov.uk/eiir/

Whether she is or not, you are fully liable for the shortfall debt under 'joint and several liability'

Mortgages are not Consumer Credit Act debts, so a cca request is meaningless.

Whether or not it is on any of your credit reports is not relevant to whether the debt exists.

I think I would refuse to talk to MH and see what they put in writing. There's a useful factsheet with a good standard letter, but I probably wouldn't rush to use it as MH seem to have convinced themselves that you are not the person they are looking for

Factsheet | Mortgage Shortfalls

money_probs

The mortgage taken out was a 125% mortgage and the short fall is that of the unsecured loan. Dont know it this makes a difference?

money_probs

I have just sat and worked out my finances and it looks like i could afford roughly 150 pounds a week but the short fall is 35000 which means i would be paying it back for 20 years! would it make more sense for me to go down the IVA route / bankruptcy. I know an IVA is for 5 years and bankruptcy is for one whats the benefits and disadvantages of both?

Heyman_2

Never speak to ANY Debt Collection agency on the phone. They are working in their interest, not yours, and will do and say anything to extract money from you.

Have you received any written correspondence from them yet? Do you know where your ex is now residing?

fermi

fatbelly wrote: »

If your ex is bankrupt, she will show up on an insolvency search

http://www.insolvency.gov.uk/eiir/

Only if the went bankrupt less than 1 year 3 months ago. If it was before, they won't be on there any more.

They will however be in the Gazette.

fermi

money_probs wrote: »

I have just sat and worked out my finances and it looks like i could afford roughly 150 pounds a week but the short fall is 35000 which means i would be paying it back for 20 years! would it make more sense for me to go down the IVA route / bankruptcy. I know an IVA is for 5 years and bankruptcy is for one whats the benefits and disadvantages of both?

Post on the bankruptcy board here: http://forums.moneysavingexpert.com/forumdisplay.php?f=136

But as said, wait to see what this debt Mackenzie Hall are chasing is first. A recent £35K mortgage shortfall seems a little too heavyweight for them? The normally chase much smaller fry that is dubious in it's enforceability.

money_probs

Heyman wrote: »

Never speak to ANY Debt Collection agency on the phone. They are working in their interest, not yours, and will do and say anything to extract money from you.

Have you received any written correspondence from them yet? Do you know where your ex is now residing?

Yes i have a letter today saying exactly what they said on the phone. that they were chasing the mortgage short fall for northern rock. What should i do i know that i need to deal with this by letter as i have picked this up but not sure what to say and put in the letter? i will deal with my short fall but 35000 is a long time at what i can afford.

money_probs

Heyman wrote: »

Never speak to ANY Debt Collection agency on the phone. They are working in their interest, not yours, and will do and say anything to extract money from you.

Have you received any written correspondence from them yet? Do you know where your ex is now residing?

I know which village she is living in and the address of her work but not the exact location of where she lives......... i think i could find out (live in a small town and everyone knows everyones business) would this make a difference?

Heyman_2

money_probs wrote: »

I know which village she is living in and the address of her work but not the exact location of where she lives......... i think i could find out (live in a small town and everyone knows everyones business) would this make a difference?

I'm not sure to be honest, I thought it could be relevant which is why asked - perhaps some of the more knowledgeable people here could shed some light?

As regards putting a reply in writing back to MH, again I'm sure someone here will be able to give you an idea of what to write if you are willing to make a payment arrangement. I believe there may be templates?

money_probs

fermi wrote: »

Only if the went bankrupt less than 1 year 3 months ago. If it was before, they won't be on there any more.

It didnt come up when i looked but do believe that it would have been over 2 years ago so that explains that. Does that make me soley responsible for the debt?
Will look in the gazette now thanks