DCA and old mortgage debt

[give_me_it_back]

Very quick question... Help very appreciated...

Can a DCA collect an old mortgage debt if they cannot provide the original documentation, and therefore prove they have the right to collect?

What is the law on this?

Thanks very much

[give_me_it_back]

Is there no-one who can help me with this..? PLEASE..?

[ozzywizard]

From what I know with a mortgage it is not barred untill it goes 12 years without contact and payment. But I am not sure on producing the agreement as it will be registered on the land registry as owing.

[gizmo111]

Originally Posted by give_me_it_back

Very quick question... Help very appreciated...

Can a DCA collect an old mortgage debt if they cannot provide the original documentation, and therefore prove they have the right to collect?

What is the law on this?

Thanks very much

Is this a shortfall on an old mortgage - don't know about agreements but you are quite within your rights to send off a S.A.R - (Subject Access Request) to see what you are being charged.

[comanche]

The Consumer Credit Act request won't work with a mortgage. The agreement has to make reference to the CCA for it to apply. Most secured loans don't.

In the case of a non-CCA agreement the normal rules of evidence would apply. The creditor would be required to prove that you owe the money. If they can't produce a signed agreement or other evidence to support their contention then they are very unlikely to succeed in court. Such evidence could include details of a charge at the Land Registry,

[gizmo111]

Originally Posted by seminole

The Consumer Credit Act request won't work with a mortgage. The agreement has to make reference to the CCA for it to apply. Most secured loans don't.

In the case of a non-CCA agreement the normal rules of evidence would apply. The creditor would be required to prove that you owe the money. If they can't produce a signed agreement or other evidence to support their contention then they are very unlikely to succeed in court. Such evidence could include details of a charge at the Land Registry,

Yes - but I suspect that this an old shortfall maybe an ins claim on a MIg and therfore no land registry charge would apply - we need OP to clarify.

[comanche]

A land registry search would throw up old charges. A charge in the name of X bank might be sufficient evidence that a loan existed.

[gizmo111]

Originally Posted by seminole

A land registry search would throw up old charges. A charge in the name of X bank might be sufficient evidence that a loan existed.

I didn't know it did old charges - have only seen current ones - worth knowing

[give_me_it_back]

Thanks so much for the dialogue guys. It is a very old debt (the house was repossed - voluntarily - in 1991). I was paying up until 5 years ago, when I moved and changed banks and didn't realise the direct debit had disappeared. I have been chased by a DCA, who SAY they are acting on behalf of Halifax, but cannot provide any proof of the loan or that they have the legal entitlement to collect.

Surely it would be easy enough for them to get the Land Registry details to prove it... Or is it not easy for them to get this information?

I have given them months to provide me with evidence, and they just say it is lost. Cough up!

I really don't know where to go from here...

[gizmo111]

Originally Posted by give_me_it_back

Thanks so much for the dialogue guys. It is a very old debt (the house was repossed - voluntarily - in 1991). I was paying up until 5 years ago, when I moved and changed banks and didn't realise the direct debit had disappeared. I have been chased by a DCA, who SAY they are acting on behalf of Halifax, but cannot provide any proof of the loan or that they have the legal entitlement to collect.

Surely it would be easy enough for them to get the Land Registry details to prove it... Or is it not easy for them to get this information?

I have given them months to provide me with evidence, and they just say it is lost. Cough up!

I really don't know where to go from here...

Well I think I would spend £20 and send S.A.R - (Subject Access Request) to DCA and HAlifax - as otherwise this could go on forever - how are you supposed to know balance charges etc without info?

[give_me_it_back]

Yep - I reckon so. I will write to Halifax with Data Protection Act request. Do I need to do the same with the DCA? I have also contacted CAB and they are going to get back to me too.

[gizmo111]

Originally Posted by give_me_it_back

Yep - I reckon so. I will write to Halifax with Data Protection Act request. Do I need to do the same with the DCA? I have also contacted CAB and they are going to get back to me too.

Well I would for the sake of £10 the onus is on them to prove - is this the actual mortgage or are they chasing the MIG?

[give_me_it_back]

The mortgage..

[give_me_it_back]

Do you think this letter to the Halifax is sufficient?
I held an account with Halifax pre 1991 in the name of XXXXXXX. My previous address was XXXXXXX.

I require you to provide me with all the information you have in relation to my closed mortgage account.

I also need to know:

1. Was my closed account sold, and, if so, to whom?

2, Why was I not issued with a default notice?

3. Why was I not informed of the sale?

I enclose the statutory maximum fee of £10. You have 40 days in which to comply (therefore until

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. I would be happy to collect the Data from my local branch.

[jo5ephedward5]

Originally Posted by give_me_it_back

Do you think this letter to the Halifax is sufficient?
I held an account with Halifax pre 1991 in the name of XXXXXXX. My previous address was XXXXXXX.

I require you to provide me with all the information you have in relation to my closed mortgage account.

I also need to know:

1. Was my closed account sold, and, if so, to whom?

2, Why was I not issued with a default notice?

3. Why was I not informed of the sale?

I enclose the statutory maximum fee of £10. You have 40 days in which to comply (therefore until

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. I would be happy to collect the Data from my local branch.

No use the standard: (add details such as old address for them to find your details and agremnet numbers if you have them and that it is a mortgage debt etc)

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.

Please note if this has been received by the wrong department can it be forwarded internally in to the relevant department in accordance to the above request.


Yours faithfully,

[give_me_it_back]

Great Jo! Thanks again mate!

[gizmo111]

I sent this to an old mortgate account and now cannot change the centring