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Can I ask about debt without acknowledging?
longhaul_3
Posts: 2 Newbie
This is my first post, I have read hundreds of threads but not found anything exactly like this - can anyone help please?
I have lived with an old mortgage debt hanging over me for the last fourteen years. In theory it might be statute barred now but the question is can I actually ask without prejudice, without risking it coming to life again?
Background: I had a Woolwich joint mortgage with a girlfriend who after a while left me with the full mortgage. I battled with it for a while but eventually lost control and we were at the height of interest rates, start of the nineties. The amount of debt went so high so fast; in the end I had to admit defeat and gave the keys back just before they would have enforced repossession. However the debt was already £15k+, add £15k negative equity on their sale price etc, according to one letter that went to my old temp address a year later it was £65k! I never stood a chance of paying it off. I moved on and to this day have never been "caught up with". I did have other debts at the time, cards etc, but free of the mortgage I eventually paid them all off.
Here's the rub. An aunt wants to leave me something in a will but doesn't want to if someone can just come along and take it away again - obviously. Is there some way I can approach the Woolwich without prejudice and ask if this debt is statute barred, without bringing it to life again if it is not? Unfortunately paying it off, must be in the £100k's by now, is out of the question. I have no assets to speak of and earn £17k/year, to deal with it I would have to go bankrupt, which would also cost me my job as I actually now work for a bank and that's not allowed. Yet if I don't ask my aunt will not leave me something that could literally give me a second chance in life.
Last complication, I cannot contact my ex at all. Haven't spoken to her for fifteen years. Although she was never formally off the mortgage we both wrote agreeing it was all my debt before I finally gave up, but she may have talked to them in the last twelve years I have no way of knowing.
Does anybody out there have any experience of a similar situation? I would so appreciate any responses that may be relevant. Thankyou.
I have lived with an old mortgage debt hanging over me for the last fourteen years. In theory it might be statute barred now but the question is can I actually ask without prejudice, without risking it coming to life again?
Background: I had a Woolwich joint mortgage with a girlfriend who after a while left me with the full mortgage. I battled with it for a while but eventually lost control and we were at the height of interest rates, start of the nineties. The amount of debt went so high so fast; in the end I had to admit defeat and gave the keys back just before they would have enforced repossession. However the debt was already £15k+, add £15k negative equity on their sale price etc, according to one letter that went to my old temp address a year later it was £65k! I never stood a chance of paying it off. I moved on and to this day have never been "caught up with". I did have other debts at the time, cards etc, but free of the mortgage I eventually paid them all off.
Here's the rub. An aunt wants to leave me something in a will but doesn't want to if someone can just come along and take it away again - obviously. Is there some way I can approach the Woolwich without prejudice and ask if this debt is statute barred, without bringing it to life again if it is not? Unfortunately paying it off, must be in the £100k's by now, is out of the question. I have no assets to speak of and earn £17k/year, to deal with it I would have to go bankrupt, which would also cost me my job as I actually now work for a bank and that's not allowed. Yet if I don't ask my aunt will not leave me something that could literally give me a second chance in life.
Last complication, I cannot contact my ex at all. Haven't spoken to her for fifteen years. Although she was never formally off the mortgage we both wrote agreeing it was all my debt before I finally gave up, but she may have talked to them in the last twelve years I have no way of knowing.
Does anybody out there have any experience of a similar situation? I would so appreciate any responses that may be relevant. Thankyou.
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Comments
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Hi longhaul
There is some information on the time limits etc on this site, it may help
http://www.cml.org.uk/cml/consumers/guides/debt0 -
National Debtline have a very good factsheet on mortgage shortfalls and how the Limitation Acts apply to them.
See: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls
It's worth a very careful read, since there are several points that may be particularly relevant to your situation.
Giving National Debtline a call if your position still seems uncertain would also be a good idea.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Thanks for those reponses, I'm talked to Debtline and I'm up to speed with dates/durations etc. I'll just quickly try again, is there anybody out there who has experience/knowledge of enquiring about a (mortgage) debt without prejuduce, without starting the clock again if it is still running?
Thanks so much0
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