Mortgage Shortfall

[Jalba]

Hi
I am trying to help a friend with a mortgage shortfall problem that has re-surfaced after many years. Debt is for shortfall of repossession in 1990's. Ex husband made a full and final settlement with DCA in 2001.
A new DCA has contacted her, and on three occassions (2 letters, 1 telephone call) claimed to be acting on behalf of their client (Halifax)
In the second letter they threatened that Halifax would add six years interest if the matter went to court.
It now turns out that the debt was sold by Halifax in 1995 and sold on to current DCA last year.
Friend intend to report the matter to Trading Standards and the
Solicitors Regulation Authority. Any other advice would be appreciated.

[PGH7447]

how long ago was the house repossed, and the shortfall occurred if it is over 12 years then I think it is statute barred, but not cetain on this point

[Jalba]

Ex husband made a payment to account (f&f settlementfor him) in 2001. My understanding is this payment would start the 12 year period again from that date.

[PGH7447]

If he made a full and final why are they chasing?

I would then S.A.R - (Subject Access Request) the Halifax and get everything they have on you, ie statements, final settlement figure, what the house was sold for, was it sold for the full market value at the time of sale if not why not.

And while you are waiting for Halifax to cough up all this info, tell the DCA in writing the account is in dispute because of the above.

Also if Halifax sold it to the DCA like they claim why would Halifax impose another 6 years interest, sound dodgy on that point

[Jalba]

Friend has already been given a copy of sale docs, final figures etc. They are not in dispute.
F&F settlement appears to have been in agreement with Ex and last DCA but only covers him and as it was a joint mortgage she would appear to be liable for the outstanding balance.
The statement of Halifax adding interest is obviously a lie and was used as a scare tactic. Reporting it will probably result in some action against DCA but won't make the debt go away.

[PGH7447]

Originally Posted by Jalba

Friend has already been given a copy of sale docs, final figures etc. They are not in dispute.
F&F settlement appears to have been in agreement with Ex and last DCA but only covers him and as it was a joint mortgage she would appear to be liable for the outstanding balance. -

Sorry for being thick here but even a Joint mortgage, does not get split down the middle, it just means both parties are liable for the mortgage, even if the house was sold and the couple split, the Ex half cant say to the OC I will pay such and such and the she must pay the rest, especially without the other partners consent.

The statement of Halifax adding interest is obviously a lie and was used as a scare tactic. Reporting it will probably result in some action against DCA but won't make the debt go away.

SO does she know who the other DCA was that the ex partner supposedly paid his half off to, if she does then try and get the info from them, although they will probably quote data protedtion.

Failing that I am at a loss as to what to do, so hopefully someone with more knowledge of mortgages etc can jump in at this point, sorry