help what do we do with this - old halifax mortgage

[lenny100]

ok recived their letter and a ie form, but a cannot find there address on there page only their po box number even in the stuff on the bottom of the page isnt this a no no now?

 

 

i have this ready to send back to them

 

I do not acknowledge any claim made by you or any other party.

You have contact me regarding the account with the above reference number, which you claim is owed by me.

 

I would point out that under the limitation act 1980 Section 20[1] "no action shall be brought to recover (a) any principle sum of money secured by a mortgage or other charge on the property (whether real or personal)...after the expiration of twelve years from the date on which the right to receive the money accrued".

As the last correspondence/payment or acknowledgement of this debt was made over 12 years ago and no further acknowledgement or payment has been made since that time I suggest that you are no longer able to take any action against me to recover the alleged amount claimed. I would further point out that the Council of Mortgage Lenders (CML) has agreed that with effect from 11 February 2000, anyone whose property was repossessed and sold and has not been contacted by their lender within six years of the date of sale, will not be asked to pay the shortfall. Whether or not you are a member of the CML, I consider this policy to be an indication of good practice and urge its adoption.

I would also point out that from 31 October 2004 The Financial Services Authority (FSA) has issued ' The Mortgage: Conduct of Business Rules' which say that if a lender decides to recover a mortgage shortfall debt they must make sure the borrower is informed of this within six years of the date of the sale.

 

As you are the second company in as many years that this alleged debt has been given to, I now require in writing undertaking that this will be the end of this matter within 30 days or I will log complaints with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, and Solicitors Regulation Authority

I hope that this will not be necessary.

 

 

Please be advised that I will only communicate with you in writing. All phone calls will be treated as harassment and will be reported to the relevant authority’s.

 

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to your reply.

 

Yours faithfully

[citizenB]

You could try their website and see if there is a Registered office on there. I thought they had to show their registered office on ALL letters and Documents.

[lenny100]

well received a reply stating because a payment was made on December 31 2002 its not stat bared but the timer has been reset, now we don't know who payed this as i was not with the wife at the time and she did not have a bank account then or now, so we don't know who payed this, please somebody could you do us a letter template to get them to tell us who payed this when and how much was payed as i suspect it a phantom payment, made by another dca

[teaboy2]

Well isnt the date of payment a bit convenient, especially when most DCA and Solicitors do not work during the Xmas and new year week. Personally my view would be that as you have not made any payment yourself then you have not acknowledged the debt personally. And in order for it to not be statue barred, they would need you to have personally acknowledged the debt, but you have not, and as its a joint 50/50 agreement. your 50% share of the debt is statute barred, but as your ex made a payment, his share is not statute barred. So yes i think your share is statute barred regardless of your ex making a payment, as his payment only goes toward his share of the debt.

 

Now i admit, legal issues on mortgages is not my forte, so i may well be wrong here. But as both you and your ex are named on the contract as borrowers of a total sum, then unless the Mortgage agreement states otherwise, both parties owe 50% of the total money lent by the lending party.

 

Ask them for a copy of the mortgage agreement, informing them that they can black out your ex's details if needed. Even though at the time the document was signed you knew perfectly well what those personal details of his were.

 

Was their anything in your divorce settlement that made it clear as to who would pay off the debts such as this?

[dx100uk]

pers i'd ignore everything now till/IF you get a claim form hit your doormat

 

if the OC wanted this money...why have they not asked in +12yrs?

 

ruddy fleecers!!

 

dx

[PGH7447]

THe question still stands that these fools have failed to answer, who made the alledged payment and for how much, now call me cynical but not many people make payments of any kind on New Years EVE, and that if a payment was made then they will have a record of how much and how it was paid.

[hillards]

Backtracking the domain name SHOOSMITHS.CO.UK (they also have .ORG.UK) shows:

 

Shoosmiths & Harrison Solicitors

 

Registrant type:

UK Partnership

 

Registrant's address:

Shoosmiths

The Lakes, Bedford Road

Northampton

Northamptonshire

NN4 7SH

United Kingdom

 

RoyalMail website confirms the PO Box address, this tracks back to

Shoosmiths. 3 Hardman Street. Spinningfields. Manchester M3 3HF

 

HTH

[lenny100]

ok here is a first try at a reply

advice please

 

I do not acknowledge this and any any claim made by you or any company you claim to represent.

 

Please supply me with a full breakdown of the balance claimed under the above account.

 

After taking legal advice after receiving you last letters , I now require you to supply me with answers to the following points for you to prove you have the right to deal with this matter:

 

 

When was the last payment made on the account and by whom and by what method and proof that this payment was made by myself and is not a ghost payment by another party?

 

 

 

Also could you please supply me with a full breakdown of all balance claimed under the above account including any and all charges made by you and all other parties in this matter?

 

I look forward to receiving your reply as soon as possible.

 

 

Failure to supply these details within 30 days from the date above, will result in me filing complaints with the Office Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and the Undersecretary Of State For Trade And Consumer Affairs.

 

Yours faithfully

[teaboy2]

ok here is a first try at a reply

advice please

 

I do not acknowledge this and any any claim made by you or any company you claim to represent.

 

Please supply me with a full breakdown of the balance claimed under the above account.

 

After taking legal advice after receiving you last letters , I now require you to supply me with answers to the following points for you to prove you have the right to deal with this matter:

 

 

When was the last payment made on the account and by whom and by what method and proof that this payment was made by myself and is not a ghost payment by another party?

 

 

 

Also could you please supply me with a full breakdown of all balance claimed under the above account including any and all charges made by you and all other parties in this matter?

 

I look forward to receiving your reply as soon as possible.

 

 

Failure to supply these details within 30 days from the date above, will result in me filing complaints with the Office Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and the Undersecretary Of State For Trade And Consumer Affairs.

 

Yours faithfully

 

Looks good to me but am really tired right now, so mind is a bit slow at moment (Been a long long day well since i was up at 3am this morning it was).

 

Though others may add to it for you.

[lenny100]

ok now after a few weeks of nothing she gets this

what do we do now~?

taken from origional as ocr with relevent parts removed

 

Date 2 August 201 1

Dear Madam

Our Client: Halifax

Balance Outstanding: £8852.39

We refer you to the above and your recent correspondence.

Your comments in respect to the length of time for our client to re-establish contact with you have been noted. Unfortunately where debt is concerned there is never a good time, however, we adhere to all legal requirements when pursuing this debt with you.

Could We re-iterate our correspondence dated the 28 April 2011 this matter is not statue barred, for the avoidance of any doubt this matter relates to a mortgage. You will be aware a mortgage is sealed under a deed and as such is categorized as a speciality.

In such circumstances this affords the mortgagee a limitation period of 12 years. You will be further aware of the provisions of see Limitation Act 1980 (Fresh accrual action of on acknowledgment or pad payment)

As the cc-borrower, namely the other party, has made payment to the account you should also be' aware of the provisions of s31 Limitation Act 1980. (Effect of acknowledgment or part payment on persons other than the maker or recipient).

It is not relevant who or which of the borrowers (mortgagors) physically make the payment. Our client is not at liberty to disclose information in respective of the joint applicant's payment arrangement. For the sake of clarification the last payment received by our client was on the 31 December 2002

 

We would advise you that it remains the intention of our client to resolve this matter amicably if possible. But they can only do so with your cooperation.

Yours faithfully

SHOOSMITHS

Edited August 6, 2011 by lenny100

[dx100uk]

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[dx100uk]

at the end of the day

if its not a county court claim form ignore them

 

dx

[cerberusalert]

Don't forget there's the Mortgage Lenders code where they've agreed not to pursue shortfalls after six years.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290234-Am-I-Liable-for-mortgage-losses&p=3264940&viewfull=1#post3264940