Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Repossed by SPML now being chased for £103k by a debt collector

    I am in a very dissy position now with SPML.

    They have re-possed a house that was sold to me, but the mortgageicon was a mis sold mrtgage, which I tried all my best to tell SPML and the broker when this all initially happened, no one listened, I carried on trying to make payments until I couldnt any more they took me to court and fixed a re--possesion date, I then liaised with them and returned the keys to them by recorded delivery for the day of the repossesion.
    I spoke to them and they then confirmed they have the keys.

    They went quite on me and then suddenly 3.5 years later they are suddenly chasing me for £103k. and have now sent a debt collectoricon after me in my other house that I own ( direct legal collections wrote me stating I owe the above.) and they want payment immediately.
    This is ludicrous!!. I am really scared I am going to loose my home. what can I do please can some one pls advise me.

    The chasing letter came from Direct legal Collections as follows
    Client : SPML
    Client ref:...
    Date instructed 15/10/2009
    Balance outstanding: £103,729.43
    Your account has been referred to us by SPML for collection
    The balance of £103,729.43 must be paid immediately
    If you have made a payment to SPML within the last 10 days please contact us with the payment details.
    Failure to respond to this letter may result in legal action.

    I have written Direct legal collection a letter asking them to provide further details and contract of thier inquiry, is this is best way to go by this.

    I also intend to write to the broker and or lender on the mortgageicon miselling issue.

    Please advise.



  2. #2
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Can they by law put a charge on my property or land charge or try force me to sell in order to force the funds out of me.

    what about the miselling!!!, they cant just get away with that, this is unfair and I am sure a lot of borrowers have found themselves in this situation too at some point.


  3. #3
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Bump.


  4. #4
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Please clarify,

    I am now writting to the Ombudsmanicon, but I am not sure if there is the time limit issue of 6 yearsicon.

    It seems to me thsy have waited for the aaount to be just over 6 years before they have now started this so I can be prevented from claim the miselling they did?.

    The completion happened in January 2004.

    Land registry edition date is March 2005.

    Can I please be advised.


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    I have asked one of the site team to assist.


  6. #6
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    I believe statute of limitationsicon is 12 years for a mortgageicon and not the usual 6 years.

    (However, it seems that the 12 year period relates to capital and 6 years to interesticon.)

    Just don't acknowledge the debt or the time limit will start all over again I believe.

    Were you intending to submit a claim regarding the mis-sellingicon of the mortgageicon? I'm slightly confused...

    Here's a mortgage shortfall fact sheet at the link below...




  7. #7
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Thanks Welshmam2009.

    When we say dont acknowledge the debt, how do I ensure that, I have written them saying I cant help them unless they furnish me witht the property details and contract and await thier responce. If and when they respond how do I not acknowledge the debt??.

    Yes I do now intend to pursue the miselling, as I am not sure there is any other way out of this. Or is that not such a good idea if I am going to do the above ( not acknowledge the debt) The property was completed in January 2004. land regitsy ammendment was on the 4th March 2005.


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Allways seem to wait a while then just as you get back on your feet,the shortfall letter arrives,up to 12 years later.Is there much equity in your new house.


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Not sure there is with the current property climate, the last time I checked I was in negative equity as it is. So dont know what to do next, just awaiting their responce now.


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    I am going to keep a close eye on your thread.I am no expert on missellingicon of mortgages but know the subprime,self certified say you earn anything was rife.Make no mistake people all over,America included of all races were ruthlessly targeted promising nothing but misery, millions of homes in America have foreclosed,god knows how many here.The Ombudsmanicon seems a good place to start.SPML subprime misery spreaders must be dealt with.


  11. #11
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Thanks tawnyowl,

    You are so right so many people got wrecked and brought down to nothing with this unscrupulous brokers, lead by their greeds and grabbing of huge commissions from both the sub prime lenders and also the borrower who was non the wiser.
    Ombudsmanicon yes thanks is the way to go next. shall I await their responce 1st or shall I just recontact the ombudsman now before they come back to me with thier crap responce.

    MamaG1


  12. #12
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    I think it may be wise to contact the freephone no on the link you were sent---or cccs or cab for advice on this matter.I do like letter m1 on the first link Welshmam 2009 sent you.Before doing to much take their advice as well.I do hope things work in your favour.If you want their numbers just shout bye for now Tawnyowl.


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    I'm moving your thread to the repossessions forum as you may get more advice there.

    It is possible that a charge could be put on your new property, but as I understand it, if the property was sold, your current mortgageicon provider would have first call on the proceeds of sale.

    If you are in negative equity there would seem little point in forcing it to be sold as there would be nothing left to meet the shortfall.

    Try not to worry about things that may never happen.

    BTW, what makes you say the mortgageicon was mis-soldicon?


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Hi Caro,

    Thanks for your responce, I am awaiting their responce from the letter I sent them asking them for the contract and details of the property in question.
    I am yet to hear from them. Once I hear I will post unto the site.

    It is not a new property it was the property I had before I bout the one that was re-possed. So the one I am in now is the house I had before I bought the Repossed one.

    I will try get a re-valution of the property to confirm what the equity position is. If I am in positive equity what do you advise.

    Thanks


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Take a look at this link and see what you think.

    National Debtline England & Wales | Debt Advice | Factsheet 11 mortgage Shortfalls

    You could give National Debtline a call too.


  16. #16
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    Default Re: Repossed by SPML now being chased for mortgage shortfall by a debt collector

    Many thanks all,

    So what does this mean if I had an unregulated mortgageicon agrement from SPML?? to me an how is this advantangeous or beneficial to me. Sorry I may be sounding really clueless!!. I got dis missoldicon mortgageicon from SPML in 2004, the early part before October, when the regulations by the FSA Started.

    In the meantime following my letter to the debt collectionicon agency. I got a letter back from the debt collection agency DLC saying

    " Thank you for your recent letter
    We have referred the matter to our client and we will contact you again when we receive their reply".

    Your sincereley.

    Name
    Team leader.

    What do you advise I do.

    I did not know that these banks can come after you after they have repossed your home, what on earth is this all about. they shaft u with hefty rates on misold mortgages, steal so much money off u wreck u, then take the house and then also come after u??

    Pleas advise!!!.

    Just to let u all know - My tread has been moved to repossesions, please update or advise here too, I will be on both here and mine.


  17. #17
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    site team, I am not happy with where you have moved my threads, no one seems to be seeing it, even I had a job findfing it myself.

    The last time any one said anything to me on this tread is the 18th, it is obviously obscure to the rest of the caggers??. pls help urgently!!!


  18. #18
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    I think with the above allhave given up on me, I may have to become insolvent or what bankrupcy. this is so sad u know and depressing. but I have to try keep my chin up and leave for my family sake.

    where is every body pls!!!!


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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Last reply was on 25th. Where do you want the thread moving to?


  20. #20
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    Default Re: Repossed by SPML now being chased for £103k by a debt collector

    Quote Originally Posted by MamaG1 View Post
    I think with the above all have given up on me, I may have to become insolvent or what bankrupcy. this is so sad u know and depressing. but I have to try keep my chin up and leave for my family sake.

    where is every body pls!!!!
    Hi MamaG1 Nobody has given up on you. No trouble finding your thread. Nearly 400 views. Just stay put and wait for the info, letter to arrive back from SPML, DLC has referred it back to them.Hopefully never There are rumours around that SPML arent doing to well at the moment, such a shame. Many on here fully understand how you feel, sad and depressed, but stay put and lets see what develops.Theres a long way to go. Keep your chin up for yourself and your family. I will put a few links on soon that you may find interesting,and never feel that you are alone, there are many new friends watching.Tawnyowl.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE