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Re-possession

Many years ago I got into difficulty with a house I bought. The mortgage company threatened re-possession but if my memory serves correctly I'm sure that I managed to clear the mortage when the property was re-possessed. Now some years later out of the blue I have received a letter from a solicitor acting for the Halifax claiming I owe in excess of 13k. This house was reposessed in 1990 and this is the first I have heard from anyone relating to it. It may read rather lax of me but I was very, very young and sorting finances was not on my agenda. I have no paper work relating to this property. How do I deal with this? If I have no paper work to show the debt was cleared as I thought it was how do I prove anything in my favour? How they have my details after all these years is beyond me. I have had several different addresses. I am going to see CAB but not for another couple of weeks so would like to some advice in the meantime to help me to sleep. They, the solicitors, have said that they will provide me with any documents I want but I do not want to correspondend with them in case this is taken that I do owe the money.
Thanks
«1

Comments

  • bandraoi
    bandraoi Posts: 1,261 Forumite
    1990 means it should be statute barred I think, but I'm not an expert, they'll be along shortly, in the meantime do a search for statute barred in this forum and you'll find out some details.
  • tomterm8
    tomterm8 Posts: 5,892 Forumite
    Part of the Furniture Combo Breaker
    Erm... probably not statue barred (I am not an expert:) because it had to have gone through a court process. However, it will be very difficult for them to get a court to take action 17 years latter.

    You are fully entitled to do a SAR under the data protection act, asking for all information the company holds on you.

    Seek help from the CAB (citizens advice).
    “The ideas of debtor and creditor as to what constitutes a good time never coincide.”
    ― P.G. Wodehouse, Love Among the Chickens
  • Thanks guys. Just trying to think when this all happened. It may sound crazy but I can't place it exactly. I was only 19 and didn't think of consequences of a repossession. I don't want to correspond with the soliciotrs in case it is seen as an admittance of anything. The last thing I need is more debt!
  • Do you know which solicitors Halifax used to repossess the property, it may well be worth chasing them up because they should hold all the details on how much the property was sold for, how much the mortgage was redeemed at and any excess left, whether it be for you to pay or whether you should have received it.

    Are you sure that the letter you have received is for you? Sometime companies try it on, request details of the debt but ensure you do put at the top, 'I do not acknowledge any debt to you'.

    Good luck.
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  • Client ref
    Your reference :
    Client reference :

    Dear sir/madam

    With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

    As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
    Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.


    adopt this letter and send it off to the solicitors. this will screw them up the wrong way and you should not hear anythingafter that !!!!!
    ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON
  • Client ref
    Your reference :
    Client reference :

    Dear sir/madam

    With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

    As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
    Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.


    adopt this letter and send it off to the solicitors. this will screw them up the wrong way and you should not hear anythingafter that !!!!!

    Not a debt regulated by the consumer credit act so a pointless letter - another example why some of the advice on here is useless when given by people who think they know what they are talking about.

    Anyway back to the problem. If this is a shortfall debt from Halifax then the OP will be OK as Halifax have agreed not to pursue anyone more than 6 years after the date of repossesion. Write to the solicitor expalining that as a Council of Mortgage Lenders member Halifax have agreed not to chase this debt after 6 years has expired and see what happens.
  • Valleyman_2
    Valleyman_2 Posts: 20 Forumite
    went to CAB specialist today and he wasn't sure if it was 12 or 6 years. He said somehing about new legislation stating 6 years. I will bring the above to his attention thanks for this.
  • Valleyman_2
    Valleyman_2 Posts: 20 Forumite
    I split from my wife 12 months ago. The solicitors acting for the Halifax have started telephoning my wife threatening to pay her a visit and that they will continue to telephone her. My wife has nothing to do with this debt I have no idea how they got her telephone number. We own the house as tenants in common me 5% and her 95%. My equity in the house is less that 2k.
    She has reported the telephone call to the police.
    My concern is that they will send bailiffs to my wife's home. There is nothing at the address of mine anyway but still don't want them calling there. They have my new address and CAB are also dealing with it.
    Can they claim anything from my wife's home claiming it is to pay my debt (a debt that is disputed). How does my wife show that the belongings belong to her? And should she have to considering that they have been notified I no longer live there?
    Thanks
  • moonlightpjs
    moonlightpjs Posts: 1,583 Forumite
    Just thought I'd bump this up for you.

    I'm no expert but as far as I am aware Baliffs cannot be sent out unless there is a court order - CCJ or the like - and certainly not to your wifes address, its just probably because you haven;t responded to their letter and so they are just trying to find an "address" for you. They cannot take anything of your wifes at all.

    Are you sure that the letters you have had are from a proper solicitor, because it sounds like a DCA who have a "legal" team, in other words a different department of the DCA who send out letters saying they are solicitors in order to bully and scare you into paying them.

    And I may be wrong but I can't see real solicitors phoning your wifes house, do you know what time of day she is/has been getting the calls? If any of them are on an evening I would bet that its a DCA?

    Can you tell us the name of the "solicitors" as we may be able to find out if they are a DCA.
  • Valleyman_2
    Valleyman_2 Posts: 20 Forumite
    Thanks. They are called HL Solicitors. based in Manchester. They call during the day. My wife has reported it to the police. My real concern is that they will start calling at my wife's address and claiming things from the home. Thought they might argue that as I use to live there then some of the stuff belongs to me which isn't true as I took what I needed and the rest is for my wife and children. They have my new address but I rent that place. I think they are interested in my wife's address as I am registered at Land Registry as one of the owners. What they haven't done is looked more closely at the documents at LR if they did they would see the property is held as tenants in common me 5% my wife 95%.
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