Halifax Help Needed!

[xbox lover]

Hello all,excellent site and hoping someone can help.Back in 2001 i split from my partner and a close family member was murdered,long story short i went right off the rails on drink and drugs and did a runner from everything,my house/debts included.

I tried explaining i was suffering depression but halifax didnt want to know and after i lost my job that was it i left.

I know the house was subsequently repossesed and sold at auction and never heard anything else until now.

Ive received a letter saying i owe them £15000 shortfall.They will accept £5000 lump sum or £50 per month until £8000 is paid.

Ive read that as a member of the fso? that after 6 six years they wont pursue these debts but here they are asking for it.

What do i do next?Ive sorted my life out now but have very little money to spare and my new partner is worried sick

Can anyone help

Thanks

[xbox lover]

I was thinking of sending this first as they are members of the council of mortgage lenders so i can finf out when the house was sold and last payment i.e aknowledgement of debt was made

 

Dear Sir/Madam

 

Re:− Roll number - xxxxxxxxxxxxxxxx

 

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

 

In order for me to deal with the matters you raised, i would be grateful if you would supply me with answers to the following points:

 

* when did the arrears begin?

* when was the last payment made on the account?

* when was any Possession Order given?

* when was the house sold?

* what valuations were made on the property before the sale?

* what costs were involved in maintaining the property during the period between the repossession and the sale?

* how was the house marketed and sold and at what price?

* what costs were involved in selling the property?

* has a claim been made against the indemnity insurance and how much was recovered?

* how has interest been calculated from the start of the arrears?

 

Please supply me with a full breakdown of the balance claimed under the above account. We look forward to receiving your reply as soon as possible.

 

Yours faithfully

anon

 

Is this ok,someone advise asap as i want this sorted either way

Thanks

[42man]

A SAR is probably the first step (Subject Access Request)....there is one example here but it is used for credit card/loan/hp debts, so you would need to adapt it....for a SAR you need to send £10 in postal orders and send recorded -

 

(unfortunately a Subject Access Request will cost £10) send postal orders and send recorded...

 

Data Protection Act 1998

 

Subject Access Request

 

Address:

 

Date XXXXXX

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the agreement/s.

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technial Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'

[xbox lover]

Thanks 42man! This seems better than burying my head in the sand and hoping it goes away!

[xbox lover]

Also in what way should i adapt for mortgage shortfall or will this be ok?

I also added that the £10 was no aknowledgement of debt is this right?

Thanks

 

im going to post on the 10th april so want it to be ok!

[xbox lover]

bump

[jansus]

http://www.consumeractiongroup.co.uk/forum/legal-issues/188256-sd-repo-threats-urgent.html

 

 

I have posted some links on this thread that may help

[mercyblue]

Am afraid its 12years for a mortgage debt not 6 before it becomes statute barred.

[jansus]

I believe they have to obtain a money order from the court after possession to state the final amount they can claim from you. thatis referred to in the links I gave you. So I would ask them for a copy of that final court order. Plus copies of all letters where they tried to contact you about the debt.

 

The 12 years is correct - but look at the case law on the links on the above thread.

[jansus]

PLease note this was 2003 ruling - not sure if still applies!

Limitation on mortgage debtThe Court of Appeal has recently considered in Bristol and West Plc v Bartlett and Anor; Paragon Finance Plc v Banks; Halifax Plc v Grant the Limitation periods for mortgage debts and whether to apply a twelve year or six year limitation period in accordance with the Limitation Act 1980.

 

The Facts

 

In each of the three cases, the borrowers defaulted on their mortgage. The mortgage lenders, Bristol, Paragon and Halifax subsequently took possession of the property and exercised their powers of sale. As the proceeds of sale were insufficient to repay the mortgage debt, the mortgage lenders sought to recover the shortfall in new proceedings against the borrowers. The proceedings were commenced more than six but less than twelve years after the date of sale.

 

An issue arose as to whether sections 5, 8 or 20 of the Limitation Act applied to the proceedings. Section 5 of the Limitation Act stipulates that an action founded on simple contract can only be brought within six years from the date on which the cause of action arose. Section 8 provides for a twelve year time limit for actions on a specialty. Section 20 provides that no action can be brought to recover any principal sum of money secured by a mortgage of land after twelve years from the date on which the right to receive the money accrued. Nor can an action be brought to recover arrears of interest payable in respect of any debt secured by a mortgage of land after six years from the date on which the interest becomes due.

 

Each borrower raised a limitation defence to the proceedings, contending first that the effect of the sale was to discharge the liability to pay and secondly that the lenders’ claims were statute-barred.

 

The Rulings

 

The right to sue for the mortgage debt arose at the time the mortgage debt became payable i.e. in the present cases when the borrower failed to pay a third monthly instalment. Once the power of sale was exercised and the mortgage was discharged the mortgage debt remained payable.

 

Section 20 of the Limitation Act 1980 was applicable. The lender therefore had twelve years from the time the cause of action accrued to sue for the principal of the debt and six years to sue for interest.

[mercyblue]

I think its the other way around the defendant should ask for the money order than that fixes the amount they can go for.

[vixta]

I dont know anything about any of this but I do know that there are companies saying they can get compensation from flawed mortgage agreements. I am not for one minute suggesting you go to them but it would be interesting if you could find out if yours was flawed from one of the legal bods on here.

 

Good Luck!

[xbox lover]

Thanks for the help everyone.I think ill wait for the next letter to come before decideing what to do.But a subject access report seems the best course of action.Interestingly enough the letter they sent had incoming and outgoings forms to complete and a form asking me to aknowledge the debt and a place to sign,do you think they're just trying it on and im right to leave it for now?

Thanks

[jansus]

Personally if this is from the original lender and not a debt collection agency and they know where you are I am not sure ignoring the letter is the right answer.

 

After all they offering you a reduced amount to settle and also an Income and expenditure form to complete. Even if they took you to court they can not make you pay more than you afford.

 

But you do on the otherhand need more information regarding how they arrived at the £15000 figure.

 

IMO

[xbox lover]

So you agree the subject access request is the right way to go?I could be moving house soon so i know its maybe not the right thing to do but im tempted to ignore it.If i did that could they press on with recovery/legal action even if i dont respond?

Just hope im not opening a can of worms by making contact

Thanks for all your help