Hi

I hope someone can help me.

I will try and summarise below my situation and any help will be greatly appreciated.

My house was repossessed in 1998,

in 2004 DLC wrote to me requesting payment and unfortunately I responded.

Since then I have been paying back an amount every month.

Today I received a letter from Bank of Scotland saying they have withdrawn my account from DLC

and passed it to Drydensfairfax with immediate effect and the reason is due to a process change within the bank.

Attached to the letter was a letter from Drydensfairfax asking me to contact them to arrange payments

but they say by law they are required to assess my personal circumstances first and that I have 10 days to respond.

The amount I owe stated by the bank and Drydensfairfax does not match the amount DLC state

- infact the bank and the solicitors say I owe £300 more than DLC statement.

What would be the best course of action ?

I don't want them to carry out a personal assessment but I also don't want to pay an incorrect amount.

thanks

sorry what is the actual debt about please

shortfall?

dx

sorry what is the actual debt about please

 

shortfall?

 

dx

The debt is for a shortfall after repossession,

at the point of repossession the mortgage was £26,150,

the property was sold (by the bank) and the shortfall was £15,150.

I moved town before the repossession so

the information here is what the drydensfairfax have stated in their recent letter to me (I have no records).

They have however stated in their letter that the property was sold in 1899 !

if there was a period of 6yrs whereby the original creditor [mortgage provider] did not write

or you did not contact them [1998-2004?]-then the shortfall is considered 'dead' by the mortgage lending council.

let me go find that nugget

you go find some dates.

shame it was DLC that got you

I bet by phone too?

dx

http://www.consumeractiongroup.co.uk/forum/showthread.php?427611-Drydens-for-halifax-chasing-old-shortfall-from-1999&highlight=mortgage+shortfall

seems you are not alone on this 'tactic' HBOS

this might open your eyes if you got spoofed 'fees' visit/arrears too

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

if there was a period of 6yrs whereby the original creditor [mortgage provider] did not write

or you did not contact them [1998-2004?]-then the shortfall is considered 'dead' by the mortgage lending council.

 

let me go find that nugget

 

you go find some dates.

 

shame it was DLC that got you

I bet by phone too?

 

dx

Thank you

The bank may have sent letters to the property but as I moved from away I never received them

nor did I make any formal contact with the bank,

infact the letter I received yesterday from Bank of Scotland was the first contact.

DLC sent a letter to my new address in April 2004 and I panicked and rang them.

Also Drydensfairax in their letter have said that as

I "have made payments towards this account in the past

we have determined that the account is not in dispute,

there is no valid legal reason for it to remain unpaid

and that these payments are an admission of liability"

Thanks for the links dx, I received the similar letters as Wigster did in the other thread. As I have been paying off this debt (latest payment in July 2014) have I admitted liability as drydens suggest ?

not if it was already outside the 6yrs when you got spoofed on the phone by DLC [classic trick there]

the fact that they are saying it was 'your action'

not letters from BOS that 'allows' them to try and spoof you is interesting

they would have a case iron case, if the lender 'had' sent letters.

they are thus relying on the fact that some fleeing spoofed you into paying on the phone

after they sent out a threat-o-gram & you fell for it. hook line and sinker.

however you need to be mindful that it was the lender - Halifax

that wrote to you saying its going over to drydens from the arrangement with dlc

if we were to 'infer' rights here, it 'sounds' like DL were simply operating for HBOS and payments went to Halifax

and the still 'own' the debt.

doesn't answer the balance issue mind.

I think an sar to HBOS is a must here.

it might be wise to use this time to gather info and from every 'finger' in the pie.

the last point is HBOS letters to you after you moved out 'munging' the 6yrs period.

you are sadly legally obliged to inform your creditors of a change of address.

however, the sar might be interesting if Halifax sent letters following the repo

to the repo address min

as ofcourse they knew you were not there .

lots to think about.

dx

Thanks for all yr help dx, will send SAR and see what comes back.

go read all those links I sent too.

keep us updated.

dx

Thanks will do

Received a response from Bank of Scotland (re my SAR) and they say that the account number I stated was not recognisable a HBOS account, I only quoted the same ref they quoted when they wrote to me in July! They are now asking for further info e.g DOB and previous addresses.

I take it that its ok to reply with the info ?

yes sure

why not copy the letter with the number too"!

It took me around 5 or 6 months for HBOS to send me my SAR in 2010/11.

It should be ok to reply with the info they need for your request.

edit - sorry crossed post with DX and can't delete this post

Thanks DX

It took me around 5 or 6 months for HBOS to send me my SAR in 2010/11.

 

It should be ok to reply with the info they need for your request.

Thanks !

I have now received a response to my SAR and

it includes microfiche outputs dating back to the start of the mortgage,

it includes payments made,

dates of letters they sent to various addresses.

They haven't included a copy of any contract I may have signed for the mortgage though,

it all looks like computer outputs.

Should they have included copies of signed contracts ?

Also Dryden have asked me to complete an I&E form saying I have to do this

so they can assess how much I should payback per month

- do I have to complete this ?

Thanks

no

theres no legal remit to tell them any pers fin dets

only a judge can demand that

dx

Thanks DX, what do you think my next step should be ?

right so you now need to re-read the thread and prove or not

if the oc sent you letters in the 6yrs before you started paying dlc.

dx

Yes it looks like they had DX

then as it stands the OC has operated correctly under the MLC rules

and the shortfall is a legit debt.

was there any insurance undertaken in the demands and needs sheet

or arrears fees?

dx

An insurance premium payment was taken

ah good what type?

you only have to have buildings insurance inplace

anything else they deem as compulsory or not

can prob be reclaimed.

dx

It says Household Insurance premium, they have also charged for repairs to the property after the repossession (amongst other fees). During the periods before the scheduled repossession date they have been charging arrears fees