Assignment of debt

[bikeman27]

Hello,
In December 2000 I gave back the keys to my house to Northern Rock as my family and I were emigrating to America. After returning in November 2007 and renting a house I received a letter from Asset Recoveries UK ltd on 24 April 2008 stating that they are giving me notice of assignment dated 21 may 2007 between Fairmile Recoveries LLP. I had no contact with Northern Rock or any other parties regarding the mortgage. Do they have any legal rights to recover any monies from me?

Bikeman27

Hi,
I received a notice of assignment of debt from Asset Recoveries acting on behalf of Fairmile Recoveries. I sent a letter to Asset Recoveries requesting a true signed copy of the agreement.
I have received a letter back from stating that as a mortgage shortfall debt it is not governed by the CCA 1974, and is not relevant to this case. Is this the case. I handed the keys back to Northern Rock in Dec 2000 as My family and I emigrated to the U.S.A and have did not have any correspondence until I arrived back in the U.K in 2008. Does the FSA's MCOB 13.6.3 state that the creditor must inform the debtor that there was a shortfall within 6 years.
Any help would be very useful.
Bikeman27

[Struggling_Simon]

Hi Bikeman,
Did you get a settlement from Nother Rock when you left the country in 2000?

If not the Statute of Limitations Act 1980 says that any unacknowledged debt is unenforceable after a period of 6 years.

An acknowledgement is a payment, or a response to a statutory notice.

To find out exactly what is happening, send 3 Subject Access Requests- one each to Northern Rock, Fairmile Recoveries and Asset Recoveries UK Ltd include your £10 postal order in each.

That should help you to understand the position, and figur out next steps.

[saintly_1]

Hi and welcome to cag

If not the Statute of Limitations Act 1980 says that any unacknowledged debt is unenforceable after a period of 6 years.

If it was a mortgage then the limitations is 12years not 6 if I'm not mistaken


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saint

[Struggling_Simon]

Bikeman / Saintly.

Oops, Yes you are correct about 12 years on a mortgage, I must've been tired(aka beered up). Sorry for the confusion caused.

Makes the other actions even more important.

regards
Simon

[borolad63]

On a notice of assignment does the amount shown have to be correct or can it be rounded up to the nearest £? My is 9p out.
Secondly what is the timescale for a notice of assignment to be sent?
My was over 6 months and I have still not received a deed of assignment