Idem

Peklams

Idem are chasing me for a debt with picture Loans which they purchased, idem say they don't have the original paperwork from picture only copies, my husband died, the house was in his name only, I'm not on the land registry nor is the debt on my credit report, idem have refused to engage with the financial ombudsman, they are threatening to take the house, myself and my late husband both signed for the secured loan in 2006 but I don't think I should have been allowed to as I'm not on the mortgage, I've not paid Idem for almost 6 years now, how do I go on.

fatbelly

That sounds like a mess that will require a court to sort out, and it also sounds like Idem are not inclined to initiate this.

What's the position with the mortgage lender? Are they starting possession action?

Did your husband leave a will and was there anything specific about the property? Didhe appoint an executor?

Peklams

No will, no executor, mortgage with Halifax they class me as the "personal representative" of my late husband, there is only £300 owing on the mortgage they don't hassle me at all, it's just this secured loan that is the problem, yesterdays phone call with Idem the agent said he couldn't see the correspondence from ombudsman anywhere, I have a letter from ombudsman saying that Idem refuse to discuss my case, the agent told me that it's the last thing they want to reposses the property, I personally don't think they can, when I asked for paperwork they sent me some badly photocopied documents saying that they were copies of the original paperwork as when they bought the debt they didn't receive originals from Picture just copies, also in with paperwork was someone else's paperwork their full details and everything, I told them this was GDPR so reported them to ICO then they offered me £100 as a "sorry" I refused this stating it could be classed as a bribe, also my late husbands signature on one of the photocopies does not resemble his signature whatsoever, what a dilemma.

peb

So it's a registered second charge, not a debt secured on the property .   You aren't a legal owner of the property however under the rules of intestacy it is likely you will inherit 

As an occupier you would have been asked to sign a form of consent .  Do you recall this?
.
Tbh I think this is one for proper advice.   I am unsure if you are stating that this isn't a debt entered into by your husband and so fraud, this happens but rarely 

Peklams

I never signed a form of consent 

fatbelly

I think you are going to have to react to whatever Idem actually do (not what they threaten to do)

If they start court action, then it's worth getting proper legal help. However it sounds like they are not sure that they can win and so may never start.

It would be worth £3 to see what is recorded on the land registry title register. I would expect the Picture loan to be recorded underneath the Halifax mortgage but you never know. If it's not there then there is no issue whatever.

https://www.gov.uk/search-property-information-land-registry

Peklams

It's on the land registry but no mention of picture  Picture ceased trading in 2009 I don't understand though this part see photo Idem name themselves from 2006 but Picture were the ones that gave the loan in 2006 

fatbelly

Yes, it's a full charge in the name of Idem

Peklams

What does this mean that it's a full charge in name of Idem, I don't understand   thank you

fatbelly

It just confirms that they hold a charge against the property in the same way as the mortgage holder does, but below them in priority.

Peklams

Update  just had a call from Idem, who wanted to address my complaint with me, they said they're quite happy to purchase debts on the strength of a poorly photocopied agreement of the original which Picture did not supply to them, they are chasing now who owns the property due to there being no will, how can they legitimize a photocopy with no original to check against which is their basis of their claim against me and they're askkng me to update them regularly as to my financial situation !!!!