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Equivo letter

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  • ash2260
    ash2260 Posts: 44 Forumite
    Second Anniversary 10 Posts
    What would be the outcome if they had a ccj against me and i just didnt know about it?? i had left the property before they took it back and sofa surfed until i found my feet so wouldnt of got any post. I didnt use any credit stuff until 2019 after talking to debt dr and that was first time i looked at my credit files ever, so that would of be way over 6 years for the ccj to have fallen off the file should there of been one.
    I have done the letters i did one for each of their reference numbers and will send recorded either today or in the morning
    thanks
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Then you would be having a go at set-aside. It's very unlikely that they would get a ccj, particularly as they don't mention it in their letters. 


  • Hi
    I've had a standard reply today saying they have gone back to the customer for the information and the other one saying they are looking into it, not sure how long that will take now though would you have any ideas?
    thanks
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Impossible to say. Try not to think too much about it.
  • ash2260
    ash2260 Posts: 44 Forumite
    Second Anniversary 10 Posts
    fatbelly said:
    Impossible to say. Try not to think too much about it.
    Hi Fatbelly 
    ive pm’d you hope thats ok
    cheers
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    It seems the key date is August 2011. That may well be taken by a court as the cause of action. So with a 12-year period on secured debt it may not be statute barred till August 2023

    Only subsequent payment/acknowledgements made by 'you or your agent' would extend the period so although they give the impression of subsequent payments that would be a red herring if they haven't come from you - it is possible that there is a typo and payment received in 2021 should read 2011
  • ash2260
    ash2260 Posts: 44 Forumite
    Second Anniversary 10 Posts
    I haven’t made any payments i havent even heard from them until now. Doesnt a payment from either parties reset the clock?
    im assuming i wouldnt be able to use the cml guidelines beens its been longer than 6 years. Not really sure what my next step would be now. I still feel that we were just given this mortgage without proper check on finances, i mean why would anyone give two 18/19 year olds with a car on finance each a 100% percent mortgage it was only going to end one way.
    what would you suggest my next step is?
    thanks
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Sorry, forgot it was joint. A payment by the other party re-sets the clock for both of you, a written acknowledgement only re-sets it for the person who made it.

    Was the lender a member of UK Finance? If so you could try that.

    https://www.nationaldebtline.org/sample-letters/ask-your-mortgage-lender-not-pursue-mortgage-shortfall/

    Or just see what their next move is. 
  • ash2260
    ash2260 Posts: 44 Forumite
    Second Anniversary 10 Posts
    Ok well im waiting for another letter off them anyways so i will wait until thats here and go from there i suppose. I sent you another pm again with few details.
    Surely their next move would be to knock the door

    Thanks
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    ash2260 said:
    Ok well im waiting for another letter off them anyways so i will wait until thats here and go from there i suppose. I sent you another pm again with few details.
    Surely their next move would be to knock the door

    Thanks
    Very unlikely they would come to the door.
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