Thread: future mortgages

First time in posting so dont know if im doing it correctly sorry .

I'll try to keep the problem as brief as poss.

In June 2007 i received a letter from a solicitors stating on behalf of their client Future Mortages they had been instructed to collect approx £5400 in a mortgage shortfall - this was a huge shock to me as i was unaware of this company.

After calling them it was established that the debt dated back to end of 2001 beg 2002 to a property i used to own in a different area, however my mortgage was with a diff company - in approx March 02 i gave voluntary repossesion due to being a violent relationship (where the ex was prosecuted). I explained this & req any details they had to prove it was mine.

Oct 2007 was their next letter to me with a photocopy of just 1 page to an agreement,which i still disputed simply due to the fact i do not know what it is, they kept hassling me until dec 07 then went quiet.

July 2008 another letter arrives just quoting exact same as orig letter, at this point i sent a 'without pred' letter back quoting limitations act/statue barred etc & confirming this was never a mortgage co of mine - they replied by quoting the limitations for the 12yrs stating that this was not staute barred & req me send 10 signatures & id (which i did not do), again from the end of 08 they went quiet again.

During the 2008 i did some digging with my mortgage company,who claimed there was a shortfall on my mortgage but this was approx 1700 which they had never pursued me for - I have a letter from their acting sol to confirm this.

June 2009 more letters arrive & a credit search recorded by the acting solicitors (who state they are only acting on behalf of FM) - so can they record this as a cr search : 1 if they do not own the debt & 2 if they know its not acknowledged therefore in dispute ???????
At this point i was receiving letters every 10 days up to the end of July where they then threatened bailifs / aoe / warrant of execution if i didnt send payment by 10am on 8th Aug.

As i do not own the house i currently live in i wrote back qouting that the owner did not wish to receive any further threatening letters & that the co / contents were not acknowledged - a abusive phone call followed in Sep (not the 1st one may i add) where i told i wouldn't be dealing over the phone & the guy also claimed not to have received my Aug letter - again all goes quiet.

In Nov i went on to Equifax to dispute their cr search (dated june) low & behold when Equifax got in touch with them they were told it was correct & to remain & then recorded another (dated 26/11/09)

Not happy with this i wrote to the acting sol in Jan 2010, again sending a copy of the limitations letter from 2008, req that they remove all searches etc - a letter came back stating that they were correct they were not acting malicious toward me & as the a/c is still outstanding they will investigate further. Received another letter 26th Feb (where they have obv gone to the Land Reg) with a copy of my mortgage deed from Abbey & a copy of a deed with the so called FM (claiming then it would have been Assoc Capital) & giving me until 20th March to send them £3k (that being 2 days time & i have not sent anything as i still dispute), this letter also quotes at end that if payment not rec then they will file for judgement without further notice !!!! i am sure that this letter does not quote at the top 'letter before action' - does that make a diff ???

I will obv dispute this with court but would rather it didnt get there, i have spoken with the CAB & provided them with the police interviews/statements relating to the position i was in back then, but still dont remem any of this a/c & to make matters worse one form has my friends name/address on it but she lived approx 250 miles away

As i have not broadcast this to family/friends it makes me sick that i have to speak to her, also since the letters rec in 2009 this has made me ill started suffering with anxiety/panic, had prescribed meds & starting seeing a physcotherapist, this has resurfaced now since their feb letter.

Sorry this is so long but wanted u get it, anyone got advice ?????? or how likely do you think that FM/the acting sols will take it to court given the fact that it will be disputed

That was bloody annoying! Just lost everything I had typed hit the wrong damn button!

Oh well, here goes second time lucky..

Just to say that this is not my area at all, but just wanting to give you some support and bump you back to the top of the list.

phone calls:
If they ring, simply tell them everything in writing and put the phone down, if they persist, speak with your phone provider (BT?) and use their malicious calls procedure, and send them the telephone harassment letter.http://www.consumeractiongroup.c o.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

Sending Letters:
Send everything via recorded delivery, so they can't turn round and say they never received it, or at the very least if money is tight, get proof of postage from RM.

Credit Reference File & Agencies (CRF, CRA)
On your file there should be only ONE entry per debt, there shouldn't be multiple entries for the same debt. When it is passed onto a DCA or Sols to chase then their name should be next to the default and the previous owners entry must be removed, if this is not the case then get in touch with the CRA'a and tell them to remove the duplicate entries immediately or you will report them to the ICO.

Hopefully someone with more knowledge in this field will be along shortly to better advise you, keep you chin up, don't let them grind you down.

Boo

Yes, all entries only have a life of 6 years on your CRF, so no default has been placed on their then? And if it was it has now dropped off.

I do know that Mortgages are what is called 'under seal' and they have a 12 year life, so they can chase for 12 years before it becomes Statute Barred.

Again apologies for not havin knowledge surrounding your problem, but someone will see and be able to better advise you.

Boo