Had home re-posessed 10-11 years ago and still paying debt collectors

[Jacqueline07]

Following this thread as have a similar situation with old mortgage where we voluntarily gave in the keys in financial despair. My thoughts were that CCA did not apply as the mortgage would not be covered under this. I have sent Subject Access Request to the DCA asking for statements, notice of sale, auctioneers costs and all charges since. Will start own thread, but correct me if I'm wrong on this?

[sequenci]

Originally Posted by Jacqueline07

Following this thread as have a similar situation with old mortgage where we voluntarily gave in the keys in financial despair. My thoughts were that CCA did not apply as the mortgage would not be covered under this. I have sent Subject Access Request to the DCA asking for statements, notice of sale, auctioneers costs and all charges since. Will start own thread, but correct me if I'm wrong on this?

you're not wrong. a cca request wouldn't be much help on a typical mortgage as the agreement isn't regulated by the act.

[In The Know]

Hello,

you are correct that CCA does not apply in this case and unlike other areas of this thread, you probably will receive the information that you have requested as Mortgage Companies take more care when dealing with consumers due to the amounts borrowed. (Also they tend not to sell much debt on).You should understand however that when you signed your original mortgage, you agreed to repay any sums which become due from the result of the same.
Good Luck.
ITK

[PriorityOne]

Although the CCA request may not apply when dealing with the orignal mortgage lender, a DCA still has to prove its right to collect on the account. For this reason, I still think it is worth sending one... The fact that they have already mentioned a settlement offer also suggests that they may not have the legal right to collect on it.

If a DCA is not required to produce a CCA... then what is it that they need to produce in order to prove ownership ? A CCA request can therefore be adapted to include any legal document that gives a company the legal right to collect payments.

[gizmo111]

Although the CCA request may not apply when dealing with the orignal mortgage lender, a DCA still has to prove its right to collect on the account. For this reason, I still think it is worth sending one... The fact that they have already mentioned a settlement offer also suggests that they may not have the legal right to collect on it.

A CCA request does not prove the right to colelct, it just proves that the debt exisits. No point sending a CCA request for a mortgage debt that was never covered by the CCA, it will only get ignored and you will waste a £1. The fact tehy have mentioned a settlement offer probably means they bought it form the building society for a fraction of its value and are happy to settle at alower figure stil lgiving them a profit.

If a DCA is not required to produce a CCA... then what is it that they need to produce in order to prove ownership ? A CCA request can therefore be adapted to include any legal document that gives a company the legal right to collect payments.

I believe with land debts there is a procedure in one of the land acts - don't know exactly sequenci may do.
A CCA request is a request under a specific peice of legislation and cannot be adapted.

[sequenci]

Originally Posted by gizmo111

I believe with land debts there is a procedure in one of the land acts - don't know exactly sequenci may do.

this is on my to-do list. the deed of assignment is mentioned in the law of property act. i've not had the time to do any research, this time of year is bedlam at work!!

[PriorityOne]

I always thought that a request fot the Deed of Assignment would be a waste of time because it would be a breach of the Data Protection Act, 1988. Are you saying that it could be possible to request it under the Law of Property Act ?

[In The Know]

Originally Posted by PriorityOne

Although the CCA request may not apply when dealing with the orignal mortgage lender, a DCA still has to prove its right to collect on the account. For this reason, I still think it is worth sending one... The fact that they have already mentioned a settlement offer also suggests that they may not have the legal right to collect on it.

If a DCA is not required to produce a CCA... then what is it that they need to produce in order to prove ownership ? A CCA request can therefore be adapted to include any legal document that gives a company the legal right to collect payments.

There are very few DCA's that purchase mortgage debt (too expensive regardless of age due to the sums outstanding) so all they have to show is that the mortgage company that has commissioned them to recover the debt, have the authority to act on the original lenders behalf. Most DCA's will hold a simple letter of authority from the mortgage lender and this is all that is required because as stated previously, all mortgage companies will be able to produce 95% or all of documentation required.

Regards
ITK

[PriorityOne]

Originally Posted by In The Know

There are very few DCA's that purchase mortgage debt (too expensive regardless of age due to the sums outstanding) so all they have to show is that the mortgage company that has commissioned them to recover the debt, have the authority to act on the original lenders behalf. Most DCA's will hold a simple letter of authority from the mortgage lender and this is all that is required because as stated previously, all mortgage companies will be able to produce 95% or all of documentation required.

Regards
ITK

With mortgages, would this work in a similar way to CCA requests, eg... no CCA = no enforceable debt... being the same as... no Letter of Authority = no enforceable debt (by a DCA) ?

[In The Know]

No, because the mortgage company will almost certainly always have all the info required and be happy to supply it.

ITK

[PriorityOne]

What I am trying to get at is.... where a DCA can take a person to court to re-enforce a CCA... which document would a DCA be re-enforcing when it's a repossession debt.... and under which law ?

An in-house DCA would presumably hand the account back... but what would an external DCA do ? I am just curious...

[sequenci]

Originally Posted by PriorityOne

I always thought that a request fot the Deed of Assignment would be a waste of time because it would be a breach of the Data Protection Act, 1988. Are you saying that it could be possible to request it under the Law of Property Act ?

i don't know! i'm trying to find out!

it seems to be a right mystery.

[PriorityOne]

I'm not stalking you around the forum Sequenci... honest !!

[Jacqueline07]

Great thread - slight thread hijack - but my situation is similar. Gave up keys 11 years ago - been paying 25.00 each month ever since to CIS - no problems - suddenly couple of months ago new company (Hillesden) write to say they will now collect the debt enclosing photocopied piece of Woolwich headed saying that Hillesden are now able to collect the debt. Not having the knowledge about what I should have seen at the time of auction (and after advice on the mortgage forum) sent a Subject Access Request to Hillesden for all of the information since sale of property. They had until the 5th February and have not heard a word since. I'm happy to keep paying this debt but want to know what we are paying for. That's why I assumed that the CCA wasn't appropriate as they had produced the letter giving authority. I don't want to disprove that they can't collect - I just want to know what I'm paying for - FYI o/s debt is £28K. Jackie