Halifax/Counselling Intermediary Services

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This will probably be the first of many questions, so please be patient! My husband had a letter from Counselling Intermediary Services in December, saying Halifax plc have instructed them to mitigate their loss following the sale in possession of the flat owned by him and his ex-wife. It says the shortfall was 25000. My first questions are, is it likely that CIS have bought the debt from the Halifax, is it possible to find out, and would it make any difference to the amount he would have to pay back anyway?

Any thoughts would be welcome.

-- Helen (poernigh@aol.com), January 14, 2002

Answers

CIS may have bought the [alleged]debt, although they can and do act as simple debt collectors. No pun intended... When was the repo? It is very unlikely that they want 25k. If you do not wish to contest the shortfall, merely the amount of it,then I would suggest your husband makes them a full and final offer...all to be confirmed in writing by them etc etc. If he still speaks with his ex-wife, they should join forces and do this together, otherwise either party can settle without the other, leaving the other party to fight the long fight. Halifax are not overly eager to go to court if they can get a good settlement at the outset, as far as I can see. Alternatively, read this site from top to bottom and start the SARN ball rolling.

-- Too scared to say (iwasduped@yahoo.com), January 14, 2002.

Thank you so much for answering so quickly. Reading the letter again, it seems they are just debt collectors, it says 'Halifax have instructed us to mitigate their loss' The worrying thing is that I (not very cleverly as it turns out) transferred the equity in my house (80,000) from 'me + ex husband' to 'me + Mark' in equal shares when he moved in. Although all the money came from me, the Halifax will presumably see he has 40,000 and I'm scared witless they can make us sell our house. You're right, I think we'll have to contact ex-wife again, her response when we received the letter was 'Pretend you've moved' but now we have her address, she may be more prepared to help! Thanks again

-- Helen (poernigh@aol.com), January 14, 2002.

Sorry, forgot to say I think repo was about 4 weeks under 6 years ago. Surprise, surprise!

-- Helen (poernigh@aol.com), January 14, 2002.

From my experience CIS are just acting as a collecting agent for Halifax. I would doubt that CIS have bought the debt. If you hang on in there you will eventually be negotiating with Halifax directly.

-- Andrew Goodwin (andrew_p_goodwin@yahoo.co.uk), February 23, 2002.

I have been dealing with CIS and the Halifax for a year now, with them trying to collect 31k. I have written without prejudice and made several offers in the region of 10% but all have been refused I have a guarantour on that mortgage which has made the situation worse. They are now close to court action (so they threaten). I am more worried about the guarantours assets than my own (married and shares ownership) Any thoughts on what may happen next? I havent used the data protection act but have tried the statute of limitations. They just become more threatening and use more legal jargon. After a while it stops you from being able to think clearly. How likely is it I will have to go to court, can I lose my house that I have now? Can the guarantour lose his house, if it is in joint ownership? I hate the Halifax!

-- DEPRESSEDIN ESSEX (wolfcub666@hotmail.com), February 25, 2002.


Depressed in Essex, I tried to email you, but your email address didn't work. I'm no expert (yet!) but I'll try to answer as best as I can tomorrow. I've just come in from my evening cleaning job,(taken on to save up a lump sum to pay the Halifax) and I'm too tired to think.

-- Helen Hawkins (poernigh@aol.com), February 25, 2002.

I have problems with that email address, have emailed you from another one. Would love to discuss CIS and the halifax.

-- DEPRESSEDIN ESSEX (wolfcub666@hotmail.com), February 26, 2002.

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