letter from debt comany

msampson

i hope someone can give me some advice as i recieved the letter below form one of my debt collection companies today.

my details are that i am on incapacity benefit for the last 6 years and have no other income or savings. i live in a council flat in scotland. due to the illness i wont be able to work again.

i offered this creditor £1.00 per month as i have all my other creditors and they have all acceppted it apart from this particular company. i have sent letters to them to contiue to offer £1.00 per month but they wont accept this.

the bit in the letter below says that they have found out that i own some property/land through the land registrey, but this is not true atall i live in a council flat and i own no other land or properties! i did have a mortgae on a flat 6 years ago but that has been sold 4 years ago and there is a shortfall of £6000 on the mortgage. do you think this is what they are talking about?

do you think this is just to scare me little, or should i be worried they can now take court action on a property i dont have?

thanks for any help and advice anyone can give me,

treeman









We have recently obtained Office Copy Entries from Land Registry and note that you own /jointly own the freehold / leasehold interest in the above property. As a result of this we are now passing your account to our solicitors with instructions to secure a County Court Judgement against you and enforce this by way of a Final Charging Order registered against your property.
Should we succeed in obtaining a Final Charging Order, we will give serious consideration to applying to the court for an 'Order For Sale', of your property.
Please note that any legal action will incur substantial legal costs and on-going interest that you will be liable for.
We would strongly recommend that you seek legal advice should you require further information regarding the implications of a Final Charging Order.
Alternatively you may wish to contact 1 st Credit to discuss settlement of this long overdue debt. Legal action is only ever taken as a last resort when we are unable to reach a mutually acceptable and reasonable arrangement.
If you are not resident in England or Wales legal / enforcement action, if taken, would be in strict accordance with the laws relating to the Country of your residence.

Storm

Hello :hello: and welcome,

First, don't panic, it's likely they've just got some old infomation, so they won't be able to get anywhere with this anyway. Out of interest, was the property they refer to the one you used to own?

I would write to them saying that you do not own the property they mention, reiterate that you can afford to pay them £1 a month, and enclose a cheque for £1 for the first month.

How much are all your debts in total? If they are quite large & as you're not going to be able to work again I wonder whether you might be better off going down the bankrupcy route?

tomterm8

No court in the country will place a charging order on a propety that you do not own. I would write to them (registered mail)

"Dear Mr X,

With regard to your letter of the Xth I can confirm that I do not, in fact, own or have any interest in the property XXX.

I sold the above property 4 years ago, with a mortgage shortfall of £6000.

I ask that you reconsider my offer of £1 per month, as this is the most I can afford. I enclose this payment as an offer of goodwill.

Yours Sincerly,

XXX.

msampson

thanks alot for your help both storm and tomterm8 for your help and advice which is much aprreciated!

also sent you a pm storm.