Abbey & EverShedsgreenspun.com : LUSENET : Repossession : One Thread
I know that we have lots of home grown experts here. PLEASE help me, as this is doing my head aches. I got trapped in 90ís interest increase, and left behind my mortgage payments. At that time I was advised by Abbey to hand in the key for the property (1992), which we did. Now I understand that property was sold 47% of the original price in 1993. Ever Sheds have started to chase me for £52k balance in 1998. When I challenged them through my solicitors regarding the insurance policy (MIG), they wrote me couple of explanation letters and then all stopped, so I though all ended there. Now I am getting the court threats letter from Ever sheds. So far I have ignored all the letters. This is crazy, what shall I do ?? Please help. I thought they canít chase for the balance based on 6/12 rule. Also they have not replied since my last letter in 1998. Mates please help.
-- (firstname.lastname@example.org), October 26, 2004
It is my understanding that if you have not made any pmts for 6 years for whatever the reason and legal action has not already been taken against you then you can not be pursued through the courts. My advice to you would be to consult a solicitor
-- julianne (email@example.com), October 27, 2004.
Thanks for the comments. Nop, I have not made any payments. If necessary I am planning to fight all the way, I am also conatcting my local MP. We hand over the property on the advise of Abbey, and thats nearly 12 yrs ago.
-- (firstname.lastname@example.org), October 27, 2004.
First thing I would do is to Sarn Abbey and Eversheds. It might also be an idea to SARN the solicitor you used just to make sure you definately have not admitted liability. Be very careful using solicitors as it is really hard to find one who really knows how to deal with this type of issue.
Does English law apply?
Good luck and keep us all posted.
-- Moira (Anderston828@aol.com), November 01, 2004.
Thanks Moira, what you mean by "Does the English law applies" ?? also can you please explain the "without prejudice" ?? At the moment i am contacting various people, including MP's and the law. Thanks for all the support.
-- (email@example.com), November 18, 2004.
Re English Law - the law re Limitations is different in Scotland. If the Lender does not take legal action to recover the debt within 5/6 years in Scotland then the matter is statute barred ..my understanding is that it is different in England.
"Without prejudice" protects your rights irrispective of what you state in the respective correspondence.
-- Moira (Anderston828@aol.com), November 25, 2004.
I don't think Moira is quite correct with what she states about the wording "Without Prejudice", as I understand it it only protects you on letters where you are negotiating settlement and ought not to be relied on in other situations. See also what Jeremy Callman (Barrister) has to say on it.
-- M Amos (firstname.lastname@example.org), November 26, 2004.