Still being chased for a repossion debt after 18yrs!!

[flintstones1960]

Hi,

 

I just wondered if anyone can offer some advice on what feels like a never ending saga.

 

To start at the beginning, we had our home repossed in 1990 the mortgage lender was a company known as National Home Loans. Some time later 2 - 3 years we were contacted by the company saying we still them a shortfall after the house sale of £5280.35. After they visited us unannouced and made constant phone calls & threats I agreed that if they could provide a breakdown of this debt we would come to a payment agreement.

 

Move on another 12 - 18 months still no proof or breakdown but lots of calls even visits to my husbands place of work!! I went to a local solicitor and they wrote to them again asking for proof & a breakdown. Finally we agreed to pay £5 per month which was agreed to.To cut a long story short there would be many months of not hearing anything then an odd letter or phone call during which time we continued to make payments. Also the company appeared to changed its trading name to LOM ltd.

 

In 1999 we were notified that the company now call Paragon finance wanted the debt to be paid in full.The amount they wanted was £24574.09!!

 

We went to court in 2001 and although we challenged our liability also putting forward the length of time this taken the harassment and the amount of times the total amount of the debt being asked for changed, we lost the case and had a ccj awarded against us for £5084.85.

 

The one thing that the judge did do was grant a Tomlin order for the agreed amount of £5 per month.

 

Move on another few years its January 2004 and we receive a letter from LOM ltd stating that they wish to undertake a review of the account and want updated financial information and get this the debt is now £6969.99. Every couple of months another letter would arrive some insisting we had only 3 days to make contact or they would take further action. The amount being asked for changed over a 10 month period and on October 29th 2004 I sent yet another letter asking why the balance was now £6980.24 and reminding them of the £5 per month agreement that was in place & being paid.

 

Another jump in time and we come to November 2007 when we receive a letter from a company called Assest Recoveries UK ltd. They inform us that by deed of assignment between Homeloans LLP to Phoenix Recoveries (UK) ltd S.a.r.l. they required us to pay the debt and all interest the debt asked for was £6889.52. Once again a letter was sent explaining amount the Tomlin order and also asking for a an explaination of how / why the debt amount had changed yet again.

 

Through the year we have had 7 letters some saying thank for the £5 per month, others saying the payment hasn't been made, yet another asking if we would like to pay £3500 in full & final payment and finally in September my husband received a letter stating that they are disappointed we have not contacted them with regards to their letter of the 17th April (settlement offer) and that failure to reply will result in court proceedings. Incidentally I also received the almost identical letter, same date etc but saying they were disappointed in my failure to respond to their letter of the 10th July, we never had a letter dated July. Oh yes the debt being asked for now is £6824.52 and still no statement or breakdown.

 

It has been 18 years people who have committed murder dont get a sentence that long. Is there any way I can be rid of this once & for all?

[Ell-enn]

Hi there, best advice is to ignore everything they send you (but keep it all in a file) - keep making the payments under the order, and if these morons decide to take it to court they will get their asses kicked by the judge. You have kept to the conditions of the court order, the only way this can be changed is by a further court order following a hearing. Assett are just trying to frighten you into making bigger payments as £5 a month will be annoying them (shame!)

 

Did the court order allow for interest or handling costs to be charged going forward?

 

Kind Regards

 

Ell-enn

[flintstones1960]

The court fixed the payments and had the interest stopped.

[Ell-enn]

In that case just keep making the payments and file everything they send you, it could turn out to be harassment if they continue to chase you for a debt which has already been to court and you are complying with the judgement.

 

Ell-enn