When should I contact lender to offer to settle s/fall ??

greenspun.com : LUSENET : Repossession : One Thread

5 years ago my property was re-possessed by the Northern Rock who attempted to contact me once about 2 years ago because I was foolish enough to put myself on the voter's roll. They actually wrote stating that the property had been sold and could I confirm both my address and my ex-wife's address in order that they could arrange for the proceeds of sale to be distributed !! As i did not for one minute believe that there was a surplus form the sale i naturally refrained from replying.

I immediately moved house and refrained from adding my name to the voters roll. I have since re-married and have bought a house with my wife,which for obvious reasons,is in my wife's name only, for the time being. I don't know if anybody else out there is in the same situation, but i do not like the situation and to be honest do not relish the idea of waiting 1 year or even 7 years to clear my name.I want to do it now!! I have read on the site that normally the lender will accept 10% of the amount owing, but do not now what the amount of the shortfall is at this stage but intend to find out using s solicitor. My question is, is there any advantage or indeed disadvantage to contacting the lender in an effort to settle their shortfall claim via a solicitor now, before the 6 years has expired ?

-- sid whelan (sdd.whelan@cwctv.net), September 20, 2002


I would think that any time limit on your debt is void owing to the fact that you have been very openly avoiding contact so six or twelve years will make no difference.

-- Steve. (powerhousesteve@aol.com), September 20, 2002.


The Limitation Act has a provision relating to "fraud or deliberate concealment" (s32). However, the courts have specifically held that this does not apply to someone deliberately concealing him/herself from a creditor (Lowsley v Forbes (House of Lords, 1998).

A creditors remedy, if it can't find the debtor, is to sue at the debtor's last known address. This is allowed under the Civil Proceedure Rules. However, if this is done, the creditor always risks of an application to set the judgment aside.

If the creditor issues a claim to an address that the borrower has had no connection with, there is an automatic right to have it set aside.

If someone can successfully avoid a creditor for the requisite number of years and no proceedings are issued during this time, the debt is statute barred.

All the best


-- Guy (guy@skipwith107.freeserve.co.uk), September 20, 2002.

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