Demand from hessonite

carysardenne

Hi help required please

I had a joint mortgage with nram in 2008, I divorced my husband in 2010.
I did sign the mortgage agreement but my ex was violent and controlling, I was also not told by the finnancial advisor of all the debts that were in my ex's name and he falsified his income to get the mortgage,  all paperwork was kept by him. 
I have told nram all of this plus the fact that I do not have a job and am disabled and have asked them to write the debt off, I also think the house was sold cheap (same price as we bought it 10 years earlier) as HS2 had just been announced but no compensation.
Hessonit appear to only chase me not my exand now they are considering court although not a letter before action.
Unfortunately I did have some bad advice and did pay a small monthly amount to stop the cobstant harassing phonecalls (i am autistic)which restarted the clocking think it rubs our early next year.
I don't know what to do, I did ask for  information from them last year which was the first time I have seen the mortgage papers as nram could never supply, have been to financial ombudsman but they were no help

carysardenne

Is this a pre action letter?

Grumpelstiltskin

No it isn't a letter before action, it's just the usual threat letter trying to get you to pay back more than you can afford.

What ever you do don't phone them.

sourcrates

Legal action has already been taken when the house was re-possessed, back in 2010 was it?

Note the letter is very carefully worded so as to imply they can still use legal means to enforce collection of this debt, when in fact that would be very difficult for them.

CCJ`s are only enforceable for 6 years from the date they are granted, I assume in this case its now much longer than 6 years, since all this occurred?

They would have to go back in front of a judge and get permission to enforce this debt under the original judgement, as you can only be taken to court for the same debt once.

Its my view that too much time has elapsed since the original judgement was granted, so such enforcement would not be possible here, but they are hoping you do not realise this.

You are not working, so they can`t garnish your wages, do you own a house or rent, I`m guessing you rent, so you have no other assets they could realise, basically then if that`s the case, there is nothing they can do if you choose not to pay or can`t pay.

The best way to deal with them is this, write to them, everything must be in writing only now, if you can afford any kind of payment, make that offer, if you can`t tell them so, enclose a copy of your budget to back this up, and send it off to them.

Honestly they don`t have anywhere to go with this, and are hoping these scare tactics have the desired affect, but of course now you know there isn`t much they can do if you can`t pay them.

carysardenne

I have not had a ccj, the house was repossed in 2012, I do co own a house with my new partner he has the majority share in it by far. I did write to them last year not acknowledging the debt but have been ignored. I think it was misold originally as I was not privy to my ex's existing debts nor his falsifying of wages through his company and there is the issue of coercive control, I had an injunction on him due to domestic violence.

sourcrates

carysardenne said:

I have not had a ccj, the house was repossed in 2012, I do co own a house with my new partner he has the majority share in it by far. I did write to them last year not acknowledging the debt but have been ignored. I think it was misold originally as I was not privy to my ex's existing debts nor his falsifying of wages through his company and there is the issue of coercive control, I had an injunction on him due to domestic violence.

You will have had a CCJ, they have to obtain a CCJ in order to re-possess a property, unless the house was voluntarily handed back to the lender, is that what your saying?.

These events are more than 6 years ago, so you are out of time for affordability complaints unfortunately.

carysardenne

Ok can you please explain what you mean by affordability complaints please

sourcrates

carysardenne said:

Ok can you please explain what you mean by affordability complaints please

If a loan was deemed to be unaffordable, you can complain to your lender about it.

But you can only do this within 6 years of the events taking place, as I said you are well out of time now as these events happened prior to 2012.

carysardenne

I did ask nram to write it off as I'm disabled and at the time was renting on benefits but they refused, I have told the subsequent purchasers of the debt this also

sourcrates

It can`t really be applied to mortgage borrowing in the same way as it is to a normal loan or a credit card.

At the very least they should cease all collection activity, I would suggest you do it again, put it all in writing why you cannot afford to pay, mark the letter in big bold lettering "COMPLAINT" they then have to follow FCA standard complaints timeframes and if you are not satisfied with the response you get, you must escalate the matter to the FOS (Financial ombudsman service) who will then decide the matter on the balance of fairness to both parties (which would have been the next step for you previously).

The complaints process can take time, but its free, and is there for all to use and is binding on all parties if accepted.

If you are asked when you became aware of this issue, make certain any dates are within the last 6 years, as you only have 6 years to complain about these matters.

ManyWays

sourcrates said:

You will have had a CCJ, they have to obtain a CCJ in order to re-possess a property, unless the house was voluntarily handed back to the lender, is that what your saying?.

That isn't correct; the mortgage repossession process is described here https://england.shelter.org.uk/housing_advice/repossession/home_repossession_process
If after repossession and the sale of the property there is a mortgage shortfall, the lender can then go to court for a CCJ for the shortfall amount.

It is a shame you did not get good debt advice while you were renting and opt for bankruptcy or a DRO to get rid of the debt at that point.