DWF ...45K mortgage debt after repossession.

[ck101]

in 2009 i gave the keys to my house back to the bank.

At this time myself and my wife moved to Portugal as i had been offered a job there.

 

A month later I return to UK and applied for Bankruptcy in November 2009.

My wife was going to do the same but was very ill and we thought i would just do it all (but mortgage) the debts were in my name.

 

in 2011 we return to the UK because my wife was still very ill.

I started to work from home and we are very stable again.

My wife does not work and holds no bank accounts etc..

All my debts are dropping off my Credit file

 

 

just before Xmas we received a letter from DWF addressed to my wife asking for 45K as the shortfall from the mortgage debt.

I check the CC file and the default date is 19/02/2010 .

 

 

The letter said they would reduce the debt to 13K if we paid now.

We do not have that money spare..

 

A few ago got another letter saying they deadline for paying reduced amount had expired but they would increase time to pay by another 2 weeks,

they seems to me like there something wrong with the debt.

 

I received other companies collection letter 3 years ago but they were addressed to me and not my wife

so i just sent them the bankruptcy details and told them it was nothing to do with me.

This is the first time they sent letter to my wife.

 

extra information:

We live in a private rented house.

I work full time self employed.

Have two children (5 yo twins)

No other debt.

 

Any suggestions on out coarse of action?

Edited January 14, 2016 by ck101

[citizenB]

Has anyone contacted you in respect of the shortfall prior to this communication ?

 

Who was the original mortgage provider ?

[citizenB]

Mortgage debts last for 12 years - however if you have not been approached for repayment of the shortfall in 6 years and you were with a Mortgage company who is signed up to Council of Mortgage Lenders, then they suggest that the shortfall be written off. I suspect this is why you have been approached as it is only a few weeks before the 6 years would have been reached.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387506-Mortgage-shortfalls-Lender-should-not-pursue-under-CML-policy-*Correct-at-Oct-2013*

 

You can ask them to provide information regarding the shortfall to ensure that it is accurate.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387500-Mortgage-shortfalls-Request-Breakdown-of-balance-owed-**Correct-as-at-October-2013*

 

Do you know if there were any default/penalty charges that you might be able to reclaim in order to reduce the amount of shortfall ?

 

I will also try and find someone who might be able to help further.

 

 

[caro]

Assuming you haven't made any payment or acknowledged the debt since it defaulted, I suggest you ignore.

 

Who was the lender?

[ck101]

Only contact was letter addressed to me a few years ago. I sent them a letter telling them shortfall was included in Bankruptcy and they went away. This is the first time letters have been addressed to my wife.

 

Mortgage was with RedStone Mortgages.

 

 

What if i was to offer a token payment of £50 per month.

 

My wife will never really work again , everything is owned by me so bailiffs could not cease anything. Also can they get a CCJ after this long?

[caro]

I wouldn't offer anything at the moment, and certainly not monthly or you'll be paying for years.

 

The way that I see it is that it's not your debt and your wife is unlikely to afford it.

 

While you wait for other suggestions, take a look at the letters in the library regarding shortfalls.

[slick132]

Hi CK,

 

Just to make sure, was the mortgage solely your or joint with YW. You start your first post saying, " So in 2009 i gave the keys to my house back to the bank."

 

Do you have statements showing how much was added in penalty fees when the mgge was in arrears. Such penalties can be reclaimed.

 

Edited January 14, 2016 by slick132

[dx100uk]

dwf are well know for trying it on for old shortfalls.

 

 

dx

[ck101]

I've never received any information about the re selling of the house.

[Ell-enn]

As said above, do not make any offer of payment as this would be seen as acknowledgement of the debt - as they are chasing your wife for payment she would have to write to them asking for a breakdown of the shortfall. Might be an idea to give it a few weeks and see if they contact you again. It would seem this debt is being passed around various debt collection agencies which suggests they don't have much hope of recovering it.

[renegadeimp]

They're offering a huge discount on the alleged debt. Along with it being dwf, do not consider paying until you've done your homework

[ck101]

So the takeaway is to wait for there next move.. And report back here with and update..Correct?

[renegadeimp]

Yep. 45k debt and they only want 13k? and the OC didnt take you to court themselves for the money?

 

Definitley a dodgy debt. Could be the DCA wanting quick cash as they know you dont have 45k... but its DWF. Dodgy debt almost guaranteed.

[caro]

Chances are this is a last ditch attempt to get a decent amount before it's statute barred and they can't get anything.