Mortgage shortfall adjourned generally with the liberty to restore

lmsk1977

Hi. 
Looking for some advice. In 2009 we had a mortgage shortfall after a repossession. This ended up with TBI financial. We were in contact for some time but they never enforced the debt as we didn't have the means to pay. The last contact was at least 3 or 4 years ago via email where they agreed things had not improved for us. We have now had a letter through that say they have given us opportunity to make a fair and reasonable offer to repay. It then says should you wish to discuss this  matter before the order is granted to get in touch. Does this mean the court will enforce the debt now? It is for £41041 and although our situation is slightly improved realistically we would really struggle to pay much more than £100 monthly. 
Any advice gratefully received!
Thanks

fatbelly

It sounds like they started a court claim for the shortfall and that there was a hearing that was adjourned before judgement was issued. If that was 14 years ago then it would not be normal for a judgement following such a long gap. The court where I used to do some work would add a phrase like 'claim to be struck out if not restored by X'

If you were successful in getting this struck out (or if it already has been) then they could start afresh.

Now the question would be whether you have a defence that this is statute barred (12 years for secured debt). It sounds like you might.

I definitely think it would be worth challenging this and if you have surplus cash (as you say you do) then I'd be tempted to ask a solicitor if they have experience with this.

You could ask National Debtline or CA but I'm not sure you would get someone with enough experience to support you in going head-to-head against this.

lmsk1977

Thank you Would you agree that this is just a last ditch attempt to get us to agree a payment plan? 

fatbelly

On the face of it, it's an attempt to do what they should have done years ago and get a ccj against you.

Mind you, they are expected to enforce a ccj within 6 years of getting one