Repossession in England money left outstanding now writing to me in Scotland HELP PLZ

[boxingliz]

Due to to partnership breakup my house was sold by the mortgage company which left a shortfall on the original mortgage.

 

There was also a secured loan on the property, I have no idea what has happened to that.

 

Due to ill health I stayed with relatives in scotland and have been in scotland ever since, the mortgage company are now writing to me at their address asking for the shortfall from the mortgage even though we are both equally responsible for this. I have had 3 forwarded to me so far.

 

I am unemployed, I have no assets, I am homeless at present and living at the good grace of others and only have a jsa payment.

 

Please what should i do, i do not want other people to be harrassed by this, in the same respect I do not have the money to repay them at this moment in time as I left with nothing.

 

I have read that I cannot be sued in an english court is this correct, both documents the mortgage and the secured loan state that the laws of england and english jurisdiction apply to these agreements.

 

the last payment on the mortgage was at the beginning of the year.

 

So far 3 letters have arrived in one month, apparently they are even leaving messages on this persons phone, which is a bit daunting.

 

I would be grateful for any advice on what to do next as I just dont know what I should or should not be doing,

[IdaInFife]

They can pursue you in Scotland for the shortfall.

 

If they go to court then they would have to apply to your local court up here.

 

When the debt is in joint names they pursue both or just one for the shortfall.

 

If it was me,

 

I would write to them telling them of your circumstances and offer £1 per month and to put all communication in writing and that they are to remove the telephone number they have as this does not belong to you. All these letters can be found in the library that you can amend to suit your needs.

 

Ida x

[boxingliz]

Thanks ida, its been causing concern becuase i cant get advice in scotland because of the difference between the two law systems.

 

Thanks again.

They can pursue you in Scotland for the shortfall.

 

If they go to court then they would have to apply to your local court up here.

When the debt is in joint names they pursue both or just one for the shortfall.

 

If it was me,

 

I would write to them telling them of your circumstances and offer £1 per month and to put all communication in writing and that they are to remove the telephone number they have as this does not belong to you. All these letters can be found in the library that you can amend to suit your needs.

 

Ida x

[IdaInFife]

No difference, you deal with this under scottish law just like if they were to take court action so would they.

[Crocdoc]

Without knowing the amounts involved it is difficult to say, however as there is a mortgage shortfall and a secured loan I would imagine that the figures are substantial. This being the case you may wish to consider Bankruptcy. The Low Income Low Asset procedure may be availale as you no longer own a property. There is a possible drawback in as much as you need to have been resident in Scotland for a period of one year in advance of application.

[IdaInFife]

To add to waht crocdoc said here is some more info

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=01_bankruptcy

[National Debtline]

Hello there, you may also want to take a look at our My Money Steps system, as it can provide tailored advice as to the best possible option to move your situation forward; here is the link:

 

https://www.mymoneysteps.org

 

You can find a money adviser in your local area via the following website: http://www.dasscotland.gov.uk/help-centre/money-adviser-search

 

In addition debt charities, such as ourselves, can provide advice that can cover your situation. There is also, of course, a wealth of knowledge right here on CAG.

 

Best wishes,

 

NDL.