Repo'd in 1996 by Halifax (property sold at loss),being chased for shortfall AGAIN!!! Help!greenspun.com : LUSENET : Repossession : One Thread
I had a motgage with an ex partner from 1993 - 1996 when he left. As we had a severley disabled child by this time I was not working and haven't worked since. House was repo'd in early 1997 and was sold at a loss. As the mortgage was a joint one, both ex partner and I were pursued for shortfall by Halifax. I informed them of my situation (as a full time carer to my son) and they assured me they would not pursue me any more, but if my situation changed (i.e. if I started working) I should inform them. Hah! Within 18 months or so, they sold the debt on to a company (Direct and Legal Collections) who started sending me vicious letters. I rang them up and told them my situation and they demanded to see all my son's medical records as proof. I immediatly went to see a solicitor who wrote to them. They responded with a letter saying they would take no further action against me themselves and had removed my account from their files. Within two years they contacted me again and I angrily phoned them and reminded them of the letter they had sent. Their response? "We didn't mean perminantly remove your name from our files!!!" I never responded to any more of their letters on the advice of my solicitor. Just recently the debt has been sold on again, this time to Counselling Intermediary Services Ltd and they have sent me a letter and income and expenditure forms. My situation has changed in the fact that I am now Married (obviously NOT to ex partner who I was on Mortgage with) and he brought (on a mortgage) the property we live in in his name only. I am still a full time carer to my now 8 year old son and do not have any personal income whatsoever (apart from child Benefit and Invalid Care Allowance which I get for looking after my son). My Husband is the sole earner. Also the Company is chasing me for the whole amount it seems.
I'm not really sure what to do next - apart from obviously not ring them up it seems according to this website!!!!
Hope someone can give me some sound advice on this.
-- Heidi Frost (firstname.lastname@example.org), February 18, 2003
First of all do not phone them!
Do they know you are remarried....if not don't tell them (none of their business but it may make you appear more solvent to them ) As you say your employment circumstances haven't changed and either you or a solicitor could write and reiterate that fact. Do not admit liability for the debt.....Did you ever SARN the lender or any of the debt companies chasing you? If not I think you should do so now, by recorded delivery.
Like a lot of us in a similiar position I think this is something you may have to live with as my understanding is that there's nothing to stop them selling on these "debts"
What you have to do is throw the ball back in their court and ask them for the relevent evidence in support of their claims.
If they phone you and harrass you bar their calls (BT Choose to Refuse) and at least you won't fear answering your phone.
Maybe someone else will give you more helpful advice.....I hope so.
Meantime keep your chin up and get those SARN's done!
-- hanging in there! (Anderston828@aol.com), February 18, 2003.
Can you tell us what date you first defaulted on the mortgage? They have 12 years in which to pursue you, usually starting from the 2nd or 3rd missed mortgage payment (subject, I believe, to the terms & conditions in your mortgage). You also need to check whether a money judgment order was issued, if it was, then (in theory) they can chase you indefinitely. It is also important to establish whether your ex has contacted the lender/debt collector. If he has made a part payment the limitation period can restart from the date of that payment for both of you (some people dispute this). Please also go to your local MP, if he isn't helpful try another one, for example Mike Hancock or one of the others who has signed his Early Day Motion 62 (see Home Repo Repossession page). Read as much as the Repo site as possible, particularly the Do's and Dont's. I would follow the advice there and put the lender/debt collector to strict proof of the alleged debt. Find out if the property was sold for a fair price, send the lender and all debt collectors involved a SARN etc. If you have no job and no assets it might be worth considering bankruptcy, it will cost 370 pounds. Next year the Enterprise Bill (the part in respect to insolvency) comes into force, many of the archaic restrictions will disappear and a bankrupt will be discharged from somewhere between 3-12 months, except where deliberate fraud has taken place. This will get these b******s of your back for good and allow you to continue looking after your son in peace. I am not a professional adviser so please also get expert advice. Try the CAB or NAMV or a solicitor experienced in such matters, I would avoid one who carries out conveyancing work, for obvious reasons.
Hope this helps. If you have any other questions just post them up. Good Luck.
-- M Amos (email@example.com), February 19, 2003.
I forgot to add you could also try offering the debt collecting agency 370 pounds as a full and final settlement and state that if they don't accept this then you will declare bankruptcy (although, of course, you must be prepared to go bankrupt if they do refuse). If you do go for a settlement make sure any third party is included, such as an insurance company. I have a sample settlement letter if you are interested.
-- M Amos (firstname.lastname@example.org), February 19, 2003.