help what do we do with this - old halifax mortgage

[lenny100]

My wife sent off a Budget plan to this company over a old house which was repossessed back in 1995 so its close

She has no income as all the benefits come in my name and she receives nothing

 

we are worried about sending of this information as its can be so easly misused

 

 

 

[huggys boss]

You don't say exactly why they want this information.

 

Are they chasing a 13 year old debt?

 

It would be helpfull if you could give us more information.

 

I am sure somebody will advise you further soon.

 

Under what circumstances did they request the information from your wife to begin with?

 

HB

[lenny100]

my wife and her formaer husband were talked into a morgate even though at the time they were both on benifits in 1990

they moved out and handed the keys back in 1994

they split up later in 97

she has not ever made any payments on this debit altough this company say a payment was made in 2002 by her ex husband!!!!

she sent of her statment of income to just stop them harrasing her every six weeks with letters saying she will be taken to court of she does not reply to them soon, using the temlpates on this site stateing her personal income is ZERO and this was the companys replay

[ScabHunter]

Typical bloody chancers.

 

Are you absolutely sure that no payments have been made?

 

If so, then the alleged debt is statute barred. That means it is, and will always remain, unenforceable at law.

 

Send these cretins letter M from the templates and then have nothing to do with them.

 

This needs to go to the OFT as it against the Debt Collection Guidance to harass people for statute barred debts.

 

Now, with the CPUTR 2008 it can go Trading Standards as well. Take it through Consumer Direct.

 

Make an internal complaint to the illiterate morons with a view to escalating it to the Financial Ombudsman.

 

This sort of abuse has got to be STOPPED.

 

SH

[huggys boss]

Did she ever get any notification that the house had been sold after she gave it up?

 

I bought my council house back in 2003 and split with my ex in 2004, he never paid any mortgage and the house was repossesed then sold at auction. All moneys outstanding were paid to the various people who wanted it after the sale and there was £1000 excess which was shared between me and my ex.

 

I MIGHT BE WRONG, but to my mind this debt should be statute barred, unless when your wifes ex paid the money in 2002 they have accepted it as a payment from BOTH of them.

 

Take Scabhunters advice and send them letter M, in here : http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

and complain as well to everybody Scabhunter has mentioned.

 

Keep us informed.

[lenny100]

she never recived any notifacation for the sale and they claim there is over 9000 still to pay.

the whole thing is a mess as the is a tolal lack of paperwork and a lot of here say.

The wife can only remember signing one pice of paper and let the rest to her ex but he is claming she did all the paperwork.

The divorce was messey and my wife was left with the two kidsand untill last year he even refused to pay CSA for them.

we have tried to get paperwork but are running into brick walls as the companys say the need the permision of the ex to issue them and he is refusing to talk to them.

[huggys boss]

I would suggest sending them an S.A.R -subject access request, but I really don't know what would happen with it with regards to your wifes ex being on the paperwork.

 

I am hoping that somebody with more experience in this field will advise you further soon. If not, you could always PM one of the site team and they will point you in the right direction.

 

To find them, click on "the consumer forums" link and scroll right down to the bottom of the page, where all the members online are listed. The site team are the ones with their names in red.

[huggys boss]

If you go in here House Prices and type in the post code of the house you will find out what it was sold for and when.

[lenny100]

sorry but that site only goes back to 05

but its a good link thanks

[lenny100]

whell after hearing nothing for years today we got this

 

are they haveing a joke?

what do we send now

never recied any reply from the last set of leters

[harrassed senior]

I may be wrong, but I think the Statute of Limitations on Mortgage is more like 12 years, I will try and check and be back if someone does not confirm or correct in the meantime.

 

Yes, confirmed 12 years.

Edited April 15, 2010 by harrassed senior

[ukaviator]

It is 12 years, however someone made a payment (her ex husband) so the clock has been reset.

 

How much are they after?

 

Is there a CCJ somewhere floating around in the past?

[lenny100]

the "payment" was never shown to us has who payed it as the original DCA wouldnt send my wife any paperwork, but back then we were not as clude up as now whith sevral wins under our belts over the mess this divoce left.

we are now awating this new company to rear its head then war will comence, and this time we wont stop at them saying it will be returned to halifax, we will take it as far as it needs to go to get it closed down, as i belive the payment was not payed by either party,

[dx100uk]

so do i

statute barred!!

 

how about sar halifax?

 

dx

[PGH7447]

sar the idiots and get everything they think they have on this debt

[citizenB]

lenny, if they are saying that a payment has been received, effectively starting the clock again, then you need to find out when the payment was made and who by.

 

IMHO, I would send a Subject Access Request to whoever has made this claim and specifically request a payment schedule.

[lenny100]

well after nearly a year with no letters recived from anybody got this today

 

anybody ever herd of this new company?

Edited March 5, 2011 by lenny100

[PGH7447]

no image

[lenny100]

trying again

 

[citizenB]

Still no image.. see if you can turn it into a pdf and use the manage attachements link under the reply box

[jimbo45]

Hi there

 

First if it IS statute Barred (12 years for Mortgage) then END OF -- you are home clear and dry. The Slimebags can go back to the pond from which they emerged.

 

Otherwise :

 

IMO if you have no money and don't own any property just tell them to Foxtrot Oscar --let THEM go to court -- if you are on DHSS the Court if it made ANY order at all on this would probably request you pay a nominal 1 GBP a month.

 

DO NOT EVER EVER send a DCA a statement of income. Only a Judge can demand this and NEVER EVER EVER set up a Direct Debit with a DCA.

 

While my solution here isn't the legal one it's the best PRATICAL advice -- if you don't have any money you can't pay any ---END OF.

 

In your position just tell the slime bags to "make the proverbial sexual move with a Duck", sit back and enjoy.

 

Inn any case I have absolutely NOTHING BUT CONTEMPT for people who re-possess homes whatever the circumstances --and having thrown people out on to the street actually have the gall to DEMAND more money.

 

If I were in a pub and I met a solicitor who had just done this I can assure you there would certainly be some interested spectators in the Pub car park I can tell you.

 

Whenever I read these forums I am absolutely HORRIFIED how nasty some so called "Human beings" can be.

 

Cheers

jimbo

Edited March 5, 2011 by jimbo45

[lenny100]

ok for some resion photo bucket isnt working

[lenny100]

he is a breakdown of what it says

 

i refer to the account

please note that shoosmiths are now acting in this matter and will be contacting you shortly.

if you have any queries please contact shoosmiths

[lenny100]

Hi there

 

First if it IS statute Barred (12 years for Mortgage) then END OF -- you are home clear and dry. The Slimebags can go back to the pond from which they emerged.

it nearly 17 years although the last lot said a ammount was payed on december 31 2003 but they wodnt tell us the ammount payed and who payed it due to data protection, as her ex had not given his permision.....

 

Otherwise :

 

IMO if you have no money and don't own any property just tell them to Foxtrot Oscar --let THEM go to court -- if you are on DHSS the Court if it made ANY order at all on this would probably request you pay a nominal 1 GBP a month.

 

we dont have a dime i am a disabled ex forces vertrain and she is unable to work and we like in local athoritys houseing on benifits

 

DO NOT EVER EVER send a DCA a statement of income. Only a Judge can demand this and NEVER EVER EVER set up a Direct Debit with a DCA.

 

While my solution here isn't the legal one it's the best PRATICAL advice -- if you don't have any money you can't pay any ---END OF.

 

In your position just tell the slime bags to "make the proverbial sexual move with a Duck", sit back and enjoy.

 

Inn any case I have absolutely NOTHING BUT CONTEMPT for people who re-possess homes whatever the circumstances --and having thrown people out on to the street actually have the gall to DEMAND more money.

 

If I were in a pub and I met a solicitor who had just done this I can assure you there would certainly be some interested spectators in the Pub car park I can tell you.

 

Whenever I read these forums I am absolutely HORRIFIED how nasty some so called "Human beings" can be.

 

Cheers

jimbo

thanks for you advice

[PGH7447]

If they wont provide the info that soemone somewhere paid some sum then, inform tham that due to this glaring inconsistency that an alledged sum was paid by an alledged benefactor they had better chase the alledged benefactor