Repossession

bigruss

advise needed, I bought an house in 1990 and the week after completion lost my job, I am not proud of this but I never made one payment on the mortgage, the first I knew about this debt was when I received the county Court paper(although in court they provided reams of letters) in 2004 I was taken to County Court for the mortgage shortfall it was 17k but with letters its now 33.5k I argued in court that this action was time barred by statute the company said that I had made a payment in 1992 by cheque I did not have a bank account I was also on Income Support and did not have £6.00 never mind £600.00 so could not have paid by cheque. and it was paid after the house had been repossessed The company was asked to provide proof that I did indeed pay this they did on the 3rd time of asking in the form of a statement of account, no one paid this money on my behalf, it was not signed nor could they say where this payment was made?? The judge would not believe I did not make this payment

I contacted this company and told them that this action was time barred and I was told see you in County Court you have bought a new house and you have lots of equity I also told them that my wife had just been diagnosed with cancer and I and my wife are not now working got the same answer see you in Court .In Court I lost the case I had to represent myself I could not afford legal advise there is now a charging order on my new property although the judge did say he would not enforce this order his words are not on the court papers .

I now have to attend County Court again on the 31/08/05 to answer questions about my income. the company involved did send a rep round about 6 months ago to do a income and expenditure form this I did and asked the rep to send a payment book because I do not have a bank account so cant do DD the rep also asked if he could see my wife now she is very very ill the cancer was in her tongue and neck and has had ¾ of her tongue removed so her speech is very limited??(I felt very uneasy showing my ill wife to this rep like he was looking to see if I was telling the truth) I received a DD form not a paying in book so could not pay. I rang the Court and told them that my wife is ill and can’t speak very much and was told to get a letter from my doctor, this I did and sent the letter off to Court 2 weeks ago still not had a reply. So dose she have to attend Court and what can I do in Court we are now in debt again I have had to go back to work but my wife cant work my income now is very limited.

dose anyone know a good solicitor in East Lancashire who knows about housing law??

Please help

Russ

mummytofour

Sorry I cant help, I just wanted to say, that, that really is such an unfair hand you have been delt and im sorry, I hope you can find an ansewer and get some peace from this situation soon.

Vxx

Ian_W

Hi BigRuss,
As above, but also have you tried your local Citizen's Advice Bureau? They've trained volunteers who are well versed in housing and debt issues and if they can't help directly they should be able to point you the correct solicitor in your area.
Best of luck.

Glamourpuss_3

I am so sorry for you and your wife.

I am not sure what advice to offer, can you phone around or use the internet for free legal advice? Could the Citizens Advice Bureau help at all? Sorry if what I have said is no use, I just couldn't read and run as I feel upset that you are going through this.

I hope things get worked out for you

x

Glamourpuss_3

Ian_W wrote:

Hi BigRuss,
As above, but also have you tried your local Citizen's Advice Bureau? They've trained volunteers who are well versed in housing issues and if they can't help directly they should be able to point you the correct solicitor in your area.
Best of luck.

sorry Ian, we must have been typing at the same time, I didn't mean to post the same advice as you just after you!

Ian_W

Glamourpuss wrote: sorry Ian, we must have been typing at the same time, I didn't mean to post the same advice as you just after you!

Happened to me loads of times too glamourpuss, as it's the same advice it must either fall into the Great Minds Think Alike or Fools Seldom Differ category!!

bigruss

Have tried CAB but the problem is i work in housing and i endup telling the CAB about housing law so no real help
thanks for your support and good wishes

Russ

as400

Deleted message.

Ember999

as400 wrote:

Move away and ignore this debt, it will just get written off, though your details may be reported on the Hunter system.

Don't use your old address when applying for credit in the future, don't waste any more time on this situation.

Check out https://www.confidentialaccess.com for more help and advice.

Are you trying to say using a site that sells invented credit reports, employment histories, references, employment history and even fake p60's and wage slips it legal to use and should be promoted on MSE?

MarkyMarkD

as400

That advice really is completely unhelpful. The lender has got a charging order over the OP's current house. So he can't "move away and ignore this debt". If he sells the house, the original lender will have a claim over any equity, or could even block the sale of the property if the equity wasn't sufficient to clear the debt.

And surely the last thing someone wants to do when their wife is in seriously ill health is move house and try to hide from his creditors?

defender_of_the_weak

Any action taken by the company/bank for recovery should have been blocked by the Limitations Act not statute.

Under section 2 and 5 of the Act 1980 a complaint or action could be time barred if more than six years have passed from the date on 'which the cause of action accrued'.

Your lender would have known of the problem within a matter of months and therefore this should never have been enforced, you cannot wait forever until somene recovers financially and then hit them for a 15 year old debt, even bankrupts get their cases settled eventually. Sadly, the legal system is often not what it seems.

Make this point to the court tomorrow and ask for the previous order to be thrown out or at least stayed until you can seek further advice.

I take it this is a less than reputable company in connection with the loan. Please let me know how it goes in court. I am sure I can contact further resource and knowledge who may be able to help your case