Will SARNing the Halifax imply admission of guilt?

greenspun.com : LUSENET : Repossession : One Thread

Hi all, I've recently been contacted by Henderson Booth & Snell on behalf of the Halifax for a mortgage shortfall from 1994. I'm awaiting their information from a SARN I sent them. My SARN to them (apart from their 'found you' letter & phone call to me) has been the only contact so far and I have never had any contact with the Halifax since I wrote to them telling them I could not repay the mortgage and requesting they take possession.

If I SARN the Halifax once I receive back information from the debt agency (to proove they are working for the Halifax rather than themselves if they purchased the debt) will this act as an admission of guilt by me? Am I jeopardising any rights by contacting them?

I think I've read more opinion that the 12 years rule for the lender to collect the outstanding shortfall is NOT restarted when contact is made within the 12 years - is that right?

Last question, if I negotiate a (partial) lump sum settlement with Hendersons then would this be publicised in any way? There were other creditors (HP, bank loan etc) at the time that I'm worried a mortgage shortfall settlement could advertise my presence to.

Many thanks!

-- Couple of questions (coupleofquestions@hotmail.com), June 02, 2002


The first question to you has to be have you received any other contact from the lender or their agents since 1994? If the answer to that is no and you are sure of that then write back to Hendersons pointing out the Halifax have adopted the Council of Mortgage Lenders voluntary code not to chase shortfall debts beyond six years after the sale of the property. Do you know when the property was sold?

If they are within the CML period then serve a SARN on the Halifax in order to obtain the information that will let you see how they have established their claim. Follow the advice on this site in the repossession section and be prepared to tough it out.

As to the Limitations Act I think we are still waiting for a landmark court ruling on the whole shortfall / MIG / simple / specialty debt issue. Keep coming to this site and read the forum and other postings.

The other loans etc. that you mention should by now be statute barred and since you have not been pursued for these then I would think you are probably ok. Might be a good idea to obtain a copy of your credit records from Experian and Equifax.

-- Gordon Bennet (arsenewhinger@hotmail.com), June 05, 2002.

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