Mortgage debt 15yrs old can they still chase

cookiejojo

Bit of a long story but will shorten....brought a flat with ex husband in 1992/93 for around 45k we had a first time endowment mortgage. It was repo'd on a voluntry sale basis which i thought had to be agreed by both parties if a sale was made. Anyway it was sold for 17k cash! First we heard was a letter to my mothers as we moved straight out when it went on the market.

A court order was set up and money was taken out of my husbands wages. We split up i ended up on benefits. He made himself bankrupt so debt was passed to me? I had a form from the court i think that i had to sign and state what benefits i was on.

Heard nothing for years. I moved address and then i get a letter from some debt company asking for 24k but they got my surname wrong basically used an R instead of D. Been getting letters on and off for years, Different companys. The debt has reduced to 15k for whatever reason.

I have now re married have 4 children and i dont myself work but my husband does. The latest letter is from RBS who the mortgage was originally with. Am I still liable for this debt? On the letter is says account type " house purchase (quarterly)".

I was only 25 when we let the flat go we got scared when we got the threatening repo letters and gave it up quickly. And the sickening part is the one bed flat went for 179k few years later

nottoolate

how long since you previously heard from someone about it?

you say a judgement. was that for the repossession or a seperate one on the eventual shortfall>

cookiejojo

Get letters every now and then over 6 months since last one. Ive never contacted anyone. It was a voluntary repo they got an estate agent to value it while we were still there, he told us the price has to be agreed by both parties. We moved out next thing its sold for cash. We went to court to arrange re payment of shortfall which was taken out of my then husbands wage. When he went bankrupt i got a letter from court asking for earnings i only had benefits. Never heard anything back until good few years later when i got debt collector letter. But since that time i now get letters in old married name but spelt wrong. I've used my maiden name for 10 yrs even tho i re married nearly 5 years
ago.

In the latest letter its talking of reposessing my property if i dont repay so it must be a standard letter. A letter i received year or so ago said if i pay debt now they will reduce it by nearly half but i didn't trust them that that would happen so again made no contact.

lindann_2

I thought that a mortgage debt can be chased up to twelve years.. l would go to CAB with this one, they will have some inform, What property they repossessing, if its been sold. I would gather all your documents. good luck.

nottoolate

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

depends on the judgement whether the 12 years applies

cookiejojo

Thanks for your help. I have no documents whatso ever. They didnt send us anything when it was sold and whatever we did have my ex husband probaby went off with them for him to be able to make himself bankrupt. The last thing i received was the letter saying it had been sold and we owed £'s and endownent money was used.

There is no property for them to repossess so i dont know what they are talking about in letter. Thats
why i thought its a standard letter. They never mention dates only money owed.

Is my husband liable for this debt? Even tho he has nothing to do with it.

dancingfairy

It might be worth sending the prove it letter - ie I do not acknowledge a debt to your company, if you think I owe you money please provide proof. O.k the actual letter is better than that but that's the general gist. I think it might be on the National Debtline's website or perhaps someone will provide a link. It might also be worth getting up to date copies of your credit file from all agencies (cost 2 pound each I think) to see if it throws up any clues (and to check there is no other damage on them.
See what proof (or otherwise) they provide before deciding what action to take.
df

cookiejojo

Also we went to a county court does that make any difference

cookiejojo

Also what about the fact that they using my previous married name but spelling it wrong...just wish it would go away

cookiejojo

If the creditor has been to court and there is a county court judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court; the county court judgment will still exist. However the creditor may not be able to enforce the judgment without the court's permission if the judgment is over six years old. Phone us for advice.

Ok I guess im stuck with the debt, how would i know if the court has agreed this...would the court dismiss the judgement if i was on benefits. I dont want to ring them and gain more attention to myself.
Non of the letters mention judgements.