Help! Husband's 18year old mortgage debt landed on our doorstep today. I'm terrified.

[lenny100]

look as we are now on the same page with this company

have a look at the reply we got to the same questions

http://www.consumeractiongroup.co.uk/forum/showthread.php?165020-help-what-do-we-do-with-this/page2

[perplexedofdorset]

ok,

i will compose a letter over the weekend, maybe monday as i have been drafted into cater for 80 tomorrow!

and i will preview the content here for any corrections, suggestions etc.

 

He has said he would never speak to these people on the phone, but cannot remember offering any payment or making payment.

in that last instance i can understand what with every thing that was happening at the time, as for the 2004, he was living in rugby, (think dingy bedsit) and moved back home (to me) about that time...

so if he did write to them( Why he can't remember is beyond me!) and they replied it would have gone to the old address.

Would it be useful if i could isolate when he actually moved in ?

 

i think it would be very close to that date if not after as he was still in dingy bedsit land on my birthday, mid October, when he gave me a present of a Little Britain dvd and food poisoning!! hahahahaha. (Sounds mean maybe, but he was completely broke at that point of his life and didn't know i was allergic (?) to Oysters!!)

 

Worst case scenario....

He did make the payment in 2000

He did write to them and offer £1000 in 2004

 

What then???????????????????????????????

[postggj]

error

[perplexedofdorset]

?????????????

[sequenci]

He did make the payment in 2000

He did write to them and offer £1000 in 2004

 

What then???????????????????????????????

 

His payment would reset the limitation period for both of you.

His 2004 acknowledgement would only reset the limitation period for him. Not you.

[sillygirl1]

It is still game over even if a payment could be traced in 2004, Shoosmiths would have a heck of a job convincing a judge to put a charging order on the current property for the shortfall, and as the shortfall is an unsecured debt they CANNOT add interest on it after 6 years.

 

They are trying to pull a fast one here so I would write to them very simply as follows (keeping it short and sweet will throw them into more of a panic than you are in!)

 

Dear idiots

 

I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT/SHORTFALL TO YOUR COMPANY OR YOUR CLIENTS COMPANY/ASSOCIATES/AFFILIATES

 

Please can I have the evidence you state exists, ie the exact details in your files of both the 'proposal' and full details of the payment including the bank details it came from and the addresses connected with both these occasions.

 

This is NOT a breach of the Data Protection Act and will form part of a CPR request should you choose to take things further, either way without the exact details and evidence you have I still do not acknowledge any alleged debt.

 

Don't sign the letter with a normal signature just in case.....

[sillygirl1]

BTW when you are in a 'limitation period' it cannot be extended indefinately, that is stipulated in the rules (can't remember exactly where but there IS a cut off point, that is the whole point of the statute barring law.

 

Even taking into consideration 2004 - 2011 - 7 years so it is STILL over the CML code for collecting - game set and match lost by Shoosmiths.

[unclebulgaria67]

I would tend to keep the letter very simple. Just ask them for the information that they claim to have. 1) payment in 2000, who from, cheque or bank/card details and 2) a copy of any 2004 proposal letter.

 

I cannot see the point in wasting printer ink. It is up to Shoomiths to make the running.

 

Question - Was the property concerned owned solely by your husband or was it joint with his ex-wife ? If it were joint perhaps the payment in 2000 and 2004 proposal were from her.

[Ell-enn]

 

Question - Was the property concerned owned solely by your husband or was it joint with his ex-wife ? If it were joint perhaps the payment in 2000 and 2004 proposal were from her.

 

I've know this to happen - joint mortgage, couple separate/divorce and house is repossessed. Husband moves around and cannot be contacted but the wife is contacted some time later and is scared into making an offer and then a payment. Obviously the husband doesn't know this until they catch up with him.

 

Just out of interest, when your husband paid the fine to Shoosmiths, what personal information did he have to give? I'm wondering if they have matched him up with the driver's details which they could get from the DVLA - date of birth, licence no and perhaps previous addresses?

[perplexedofdorset]

no the flat was his when he was single. he then met WFH and his troubles began!

The house is in my name only.

he paid the parking fine through Paypal.

Car registration would give them certain details but not where he used to live.

2004 - 2011 - 7 years so it is STILL over the CML code

i thought mortgages were limited after 12 years

He wants to write that the mortgage was mis-sold to him, and that the people he had the contract with don't exist any more, the Halifax??

but i think short, sweet and impersonal would be best

[BRIGADIER2JCS]

I think your right, don't complicate things, it's

offer and admission of liability that needs to be

cleared up IMHO.

[sequenci]

i thought mortgages were limited after 12 years

 

As far as the law is concerned then it's a 12 year limitation period, however the CML code of practice says that the creditors should observe a 6 year period. Although the rules as far as contact are a little difference.

[perplexedofdorset]

does anyone think i should add something about the SS's dubious ethics concerning the CML code????

would someone help me phrase it as i don't really understand what it is but several people helping on this link have mentioned it...

[perplexedofdorset]

Ok guys here it is.

 

I would really appreciate your help in finessing this and ensuring a professional response to their letter.

 

I did think of writing, why don't you leave honest, hard-working people alone and pursue the lowlifes that don't pay their rent and cause problems like this....but then decided not. hahahahahhaa

 

So please could i have any suggestions that you may have for the letter below.

i have highlighted in red areas that worry me ; in the first, am i admitting liability for the debt? and in the second, have i phrased that bit correctly or could i add something there??

 

 

Dear Madam,(or should that be Madman hahahha)

 

In response to your letter of the 4th August, I have no recollection of either having made a payment towards this debt in 2000 or of having submitted a proposal to conclude liability in 2004.

 

I find it surprising that you offered no proof of these claims with your letter and ask you to provide documentary evidence of the alleged proposal in 2004, along with full details of the alleged payment made in 2000; by whom it was made and in what form, with details of the sort code, account and card numbers etc.

I would ask that you to provide me with the addresses connected with both these occasions and any covering letters.

 

This is NOT a breach of the Data Protection Act and would form part of a CPR request should you choose to take things further, either way without the exact details and evidence you have, I still do not acknowledge any alleged debt.

OR

Without exact details and evidence of these claims,I still do not acknowledge any alleged debt.

 

I would also like to remind you that your clients pursual of this debt is against the CML code of conduct

 

Should i write something here

 

Yours Faithfully ( when in fact i want to say, yours harrassedly)

 

and then print his name

Edited August 9, 2011 by perplexedofdorset
plesae refrain from using vailed swearwords - dx

[perplexedofdorset]

Interesting stuff....

 

I have dug out the diary my husband kept when he came home in 2004.

 

i discovered the date he officially moved in with me.

 

We were at his home town together that weekend and on the day SS's said they received the letter he was looking for work in Dorset.

 

I don't know where that leaves us but nice to read through the heady maelstrom that were our early days in love.

Edited August 9, 2011 by perplexedofdorset

[unclebulgaria67]

I would have kept the letter simpler by just asking for the info, but as you appear to want to send a fuller letter, I have amended as below.

 

 

In response to your letter of the 4th August, I would request further information to substantiate the claims you make.

 

Please provide documentary evidence of the alleged proposal in 2004, along with full details of the alleged payment made in 2000; by whom it was made and in what form, with details of the sort code, account and card numbers etc. I would also ask that you provide me with the addresses connected with both these occasions and any covering letters.

 

In the absense of this information, I maintain that section 20 of the Limitation act 1980 continues to apply. If I receive any further correspondence without the proof requested above, I will not hesitate in making a complaint with Trading Standards, SRA, as well as inform the OFT. Please be aware that Halifax would also be infringing the CML code of conduct and as such, as you claim to be representing them, you should inform them of this.

 

I await your proof as requested above or your confirmation that you will not pursue this any further.

 

I do not acknowledge any alleged debt.

 

Yours Faithfully.

 

 

[perplexedofdorset]

oh dear old Uncle Bulgaria, that's good!!!!

 

the bit in red is?????

[unclebulgaria67]

oh dear old Uncle Bulgaria, that's good!!!!

 

the bit in red is?????

 

I did not put it in red purposely, it was just when copying and amending your post, that some of it stayed in red.

[perplexedofdorset]

ok, so i should put that in????

 

and should i post recorded??

[unclebulgaria67]

ok, so i should put that in????

 

and should i post recorded??

 

I personally would not bother including I do not acknowledge any debt, because at the moment you have no proof any debt exists and certainly no proof of anyone being able to enforce.

 

I like sending such letters recorded, as atleast you know you have proof of sending and can track the letter if the Royal Mail system is up to date. It only costs about £1. Some people on CAG just go to the post office and ask for a proof of sending slip as they don't want to pay the £1. It is up to you.

[perplexedofdorset]

i shall do that tomorrow, (and delete the last bit.)

 

thank you,

[rdm2006]

I would also add that to claim to be a member of a group/association/council (or any other name such a body may wish to call themselves) and then NOT abide to the code of conduct of that body is a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008).

[BRIGADIER2JCS]

This lot don't seem to give a t*ss about anything.

[rdm2006]

Yes but if it did get to court and the op can show that they did advise them of this fact it would not look very good on SS or halifax would it?

 

 

It does seem to have an effect on these people sometimes

 

Fighting-back-with-CPUTR-2008

Edited August 8, 2011 by rdm2006

[perplexedofdorset]

I would also add that to claim to be a member of a group/association/council (or any other name such a body may wish to call themselves) and then NOT abide to the code of conduct of that body is a criminal offence under the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR 2008).

 

How would you phrase/ include it in Uncle Bulgaria's draft???