Re-possession

saffronflowers

Sorry but Bailiff chaser is wrong Mortgages do not fall under the CCA 1974, the other problem is that Mortgages are not statue barred after 6 years. I think that you need to make it a priority to get to the CAB and find all the paperwork that you had from that time.

As far as the property you own with you wife - they would need to get a charging order, which right at this moment is a long way off, so don't panic and as your equity is so little, it is unlikely that it would be granted.

SFx

moonlightpjs

Could this be them?

http://www.hllc.co.uk/

http://www.hllc.co.uk/about.php

saffronflowers

Good work Weller - am having a look now,

SFx

AGB863

I have just double checked the time limitation for a lender to recover a shortfall, in a mortgage, is 12 years.

The twelve years start from the last date you acknowledged the debt.

I would suggest that the lender/ HL solicitors are not able to enforce this debt.

Also what T_Roll posted earlier is also correct

"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."

Just seen this on the National Debt Line with rgards to joint mortgage ( not sure if this applies to you)

"If your mortgage was in joint names, you need to check what the other borrower has done. If they acknowledge the debt it doesn't affect you but if they have made a payment the limitation period starts running again for both of you from the date the last payment was made."

It is well worth reading the links that Weller711 has posted!

moonlightpjs

Have a look here

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

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls#2

EDIT: Sorry AGB beat me to it

Valleyman_2

weller711 wrote: »

Could this be them?

http://www.hllc.co.uk/

http://www.hllc.co.uk/about.php

Yes it is them. Can't get hold of CAB keep leaving messages. I'm a little confused as to whether its 12 or 6 years. It's reasuring to read from you guys that they can't touch what belongs to my wife and children. I met my wife some 8 years ago so she has nothing to do with this debt.

saffronflowers

It is 12 years statute barred on Mortgages, HOWEVER, the Hailifax have signed up to the Council of Mortgage Lenders and have stated they will not persue after 6 years

This is a real good website that fully explains it

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

SFx

Valleyman_2

Thanks guys. I have tried endlessly to get hold of the guy at CAB. I will have to pay a personal visit next week (they only open on Wednesdays where I live!) the postings here have really helped put my mind at ease. The last thing I want is for my wife and children to be affected by this.

danno_4

Hi,
Balifchaser is totaly wrong,mortages are not regulated by the consumer credit act, also does not come under statue barred legislation.From my experiance it's a grey area.,AlsoYou need to find out what the property was sold for,Also find out what amount mortgage you had at the time.Find that out then come back and post it on site,Need information before i can recomend in which direction to procede.
kindest regards
danno