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Mortgage shortfall since 2014
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Hi Sourcrates,
So if the original owner of the debt sold it to collection agent rather than assign it ,then the collector becomes the owner and can use court action on the debtor within the 12 years?0 -
£5000 is a decent offer. Keep making it every few months1
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Yes, if you sell something, it changes ownership.infinitelove said:Hi Sourcrates,
So if the original owner of the debt sold it to collection agent rather than assign it ,then the collector becomes the owner and can use court action on the debtor within the 12 years?
There are two types of assignment -- Legal Assignment
- Equitable Assignment
Under an Equitable Assignment, only the amount owed is assigned, and not the original creditor’s rights and responsibilities.
If the assignment letter refers to "our client" then it will be an equitable assignment, otherwise take it to be a legal assignment.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
OMG!!! This is an eye opening platform.Thanks so much Sourcrates for that reply.0
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Anyone know where to find old CCJ that has lapsed 6years and taken off Register of judgement?0
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You would have to go to the issuing courtinfinitelove said:Anyone know where to find old CCJ that has lapsed 6years and taken off Register of judgement?
Even there their records may not go back far enough
Ithought you said earlier that there was no ccj on this1 -
Yes, i said no ccj because i am not 100% sure as i didn't get any mail and didn't check my credit report then. i only want to see if i can find out somewhere. but not necessarily a worry, just being inquisitive , its been a long while.0
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I think if there had been a ccj, whoever was writing to you would have mentioned it.
Assume there isn't.0 -
You've made what I consider to be a generous offer for one of these debts, and been turned down
Have you ever asked for a breakdown of how they arrived at the alleged figure (I note that they just added another sum)?
This factsheet is useful and links to a standard letter to ask for the breakdown
https://www.nationaldebtline.org/fact-sheet-library/mortgage-shortfalls-ew/
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