County Court Summons - Mortgage Shortfal- Advice Needed Urgently, Please Help

Count

After wife left me in 1996 house was repossessed beginning of 1997. As far as I can remember there were some arrears dating back to 1995 which we were trying to pay until the point wife left me.

I have not heard anything from Halifax all these years.

Now they sent me via their solicitors County Court Summons for shortfall of £15.000 + interest of £ 13.000.

To the best of my knowledge I can not recall ever having any information from them about shortfall following repossession and sale of the property and I have never acknowledged liability for it. I do not now if they have ever been in touch with my ex-wife and whether she acknowledged liability in any way.

Please, please can somebody help me with some advice?
What options do I have?
Is their claim statue barred? Can they still pursue me after all this time?
Do I defend the claim and by doing so am I acknowledging the shortfall?
If I don't defend the claim what would happen if they register CCJ against me.


I do not own and have not owned another property since and I live with my girlfriend in her house. If I do not defend the claim and Halifax register CCJ against me what can they do? Can they pursue my girlfriend or take charging order against her property?

Is there anyone I can talk to or who could deal with this on my behalf?

saffronflowers

Hi there

This might be of some help to you

http://www.insolvencyhelpline.co.uk/debt_factsheets/mortgage_shortfalls.htm

Sadly I think with Mortgares it becomes statute barred after 12 years and not 6 like other debts.

SFx

silvercar

The council of mortgage lenders have agreed not to pursue unacknowledged debts after 6 years.

I hope someone else can advise whether it is best not to acknowledge this one or whether to remind them of this CML agreement.

Count

Thak you very much on your replies. If anyone else has any comments, ideas or advice I would be forever grateful.

CLAPTON

Whilst its true that mortgages are only statute barred after 12 years virtually all the high street lenders have agreed not to pursue the debts after 6 years.

Contact the Nationaldebtline for advice and a proforma letter to send to them.

saffronflowers

Thanks guys - I ahd forgotten that - too long away from MSE!!

SFx

kittiej

Also as far as I can remember the original mortgage contract had to be a "Special Contract" for the 12 year rule to apply.

Count

CLAPTON wrote: »

Whilst its true that mortgages are only statute barred after 12 years virtually all the high street lenders have agreed not to pursue the debts after 6 years.

Contact the Nationaldebtline for advice and a proforma letter to send to them.

I have tried National Debt Line but fond them not very helpful and knowledgeable, I must have landed on novice there I guess.
He was just advising about County Court procedures.
Any advice where else I might be able to get template of the proforma latter please.

CLAPTON

maybe this will help

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls#m4


of course you could also try phoning again and hoping for a more knowledgeable person

Count

Can anyone help with advice on where to get template of SARN letter please