Hello all.

I'm hoping someone on here can help me.

My partner received a letter from the land registry advising of a 3rd party wishing to apply to secure a debt on our property. After investigation this debt is from a shortfall in a repossessed property from 2002. My partner has no knowledge of this mortgage.

The complication is her Ex Husband was declared bankrupt in 2006 and he owned a number of properties.

We have asked for proof of this mortgage being in my partners name and the solicitors have sent us a photocopied mortgage application form with both my partners and her ex's signatures. Now it does look like her signature but it obviously isn't witnessed or anything due to it just being a application form.

Please correct me if I'm wrong but i am pretty sure this doesn't constitute liability to the debt? Some of the information on the application is also incorrect. For example reference address for my partners then work.

The mortgage was agreed and house purchased in May 1995 for £18,500

The outstanding mortgage was (I'm assuming this includes interest and costs?) £22,193 and the house was sold in 2002 for £14,100 (Which for me seems a little too low?)

The whole thing to me seems to stink to high heaven. From my partners ex possibly forging signatures to the Solicitors/HBOS not sending to correct documentation/proof!!

Any Advice or guidance would be much appreciated.

P.S the court date is set for 30th Nov

Regards Dean

Bump? Can nobody help?

Sorry, I cant help. If you don't get a reply from someone quite quickly, hit the black triangle at the bottom of your post to alert the site team that you need help urgently.

Thank you I'll do that.

This does stink, which company is involved here and which dodgy solicitor 'solicitors for rent' are attempting to break rules.

This is nigh on statute barred by mortgage debt collecting standards (12 years from the date of the LAST IDENTIFIABLE PAYMENT) and they need to be taken to court for harrassment and unreasonable behaviour.

The mortgage shortfall is a non-secured low priority loan now and because it was a joint application they need to be reminded that as the bankruptcy covered at least HALF of this loan they cannot then chase her for the whole amount,. They aslo need to provide detailed information.

Another little thing they 'forget' is they can only cbarge interest for SIX years, not the whole 12 years, and the interest rate to charge is the 8% interest rate and NOT the mortgage rate as the mortgage shortfall is no longer securable on a property.

A claim against them will cost £35 and send them scurrying back under the rock they came from.

Thanks for your replay Sillygirl,

The Solicitors are HL Solicitors/Interactive and the mortgage was taken out with Halifax but now is being pursued by The bank of Scotland.

I've drafted a letter asking for more details of last payment, value of property when sold and how was it marketed etc.... but am I right in thinking unless they have a signed and witnessed agreement they cannot enforce it anyway? (They have only supplied us with an application form) Also if they didn't have all these details why would a court judge a CCJ against her? Was it because it was uncontested?

Are you in Scotland or England?

BD

Sorry I should of stated. England.

Regards Dean

Hi All

Just to keep those of you who are interested updated.

I've sent them letter requesting a signed agreement and a full breakdown regarding costs, interest added etc.... I received a reply my return of post informing me that they had requested the information from HBOS.

Surely if a court had approved a CCJ and B132 this information would have needed to be shown to a Judge? Or would the mortgage application be enough?

Regards

Dean

If the original claim was uncontested, then the judge would have seen nothing.

Thanks for your reply.

The original claim was uncontested. We knew nothing about it until we received the B132 Notice in August.

I have a feeling they hand no idea she is now divorced.

We may have them scurrying away under their rocks yet!

Hello all

Sorry for the delay in news from this.

We have received all the documentation that we requested apart from a signed witnessed mortgage agreement? I'm still unable to verify if they need this for the claim against my partner to be valid? Is the application legally binding?

As a side note on the account history from HBOS it clearly shows my partner ringing the lender asking what the payment to them was for and contact from her Ex husband being very aggressive wanting to query something and stating he paid the mortgage? Obviously as his name wasn't down as the lender they wouldn't speak to him. I'm not sure if this helps our case at all?

Regards Dean

I think they will need the signed witnessed mortgae agreement to enforce - but you should contact a lawyer for proper advice. Have they sent you a mortgage statement showing all payments? If so, when was the last payment? What happened at Court on 30 November?

BD

Thanks for the reply Bigdebtor

The court date was postponed until February.. Last payment to the account was 19/2/2001.

So time is getting a little tight. My other half isn't the best at this sort of thing. Probably why she let her Ex Husband get her into this mess in the first place?

Regards

Dean

Dean

Just re-read your very first post. As you say, the sale price seems VERY low! It might be worth getting data of what happened to prices for that type of property in that area between date of purchase and sale - as it looks as if they didn't try too hard to mitigate any loss!

Also did Halifax or BOS have any other dealings with your partner - so they would have been aware of changes to her address? If so, they have been very negligent in keeping her informed of the situation. They could also have tracked her down via the various CRA's.

This is certainly one worth fighting - and if they realise the most they can get is 50% of the outstanding debt (due to her ex's bankruptcy ) - and even that is in doubt if they haven't done everything properly, they may well just walk away.

Am I right in assuming they are claiming £8k (£22.1k - £14.1k sale proceeds) and not the full £22.1k? If so, if you get them to agree 50% is written off, and they DON't just walk away, then it is a Small Claims issue - so minimum risk of court costs if you defend.

As I said, it's certainly worth getting some legal advice - and insisting on seeing the original signed and witnessed mortgage agreement.

BD

This is certainly one worth fighting - and if they realise the most they can get is 50% of the outstanding debt (due to her ex's bankruptcy ) - and even that is in doubt if they haven't done everything properly, they may well just walk away.

Not sure where you and another poster are getting 50% is written off because the ex-husband has been made bankrupt? A mortgage shortfall is a joint and several debt and so the lender can pursue the OP for the amount oustanding, less of course any dividend they received in the bankruptcy proceedings.

It is imperative that the OP gets a copy of the mortgage agreement. Given the time that has elapsed since the mortgage was taken out and certain other information the OP has given I think legal advice is essential and finding a solicitor who does not stare blankly back at you when you utter the words "undue influence" and "no indpendent advice was obtained" in the same sentence would be a plus.

Johno100.

Would HBOS not have a case without the signed and witnessed agreement? We are assuming they don't have the agreement as I have requested it twice and still not received it?

Dean

Hi Everyone,

I hope someone can help.

My partner received two letters earlier this week.

One was from Moorcroft DCA and one was from the Halifax stating that they have transferred the management of the Mortgage debt from them to Moorcroft.

She has no recollection of ever having a mortgage from Halifax, but her ex husband was a bit of a scoundrel and declared himself bankrupt so there's a chance it's something to do with him?

Now the interesting fact is that these two letters came from the same place. Both had Moorcroft's PO Box number on the back. Which I find a little bizarre!

My partner rang Halifax who confirmed that they hadn't sent the letter and the account number on the letter doesn't exist!

Have Moorcroft broken any rules here or are they trying to negate GDPR?

Having carried out a deeper investigation she has a CCJ registered to a previous address but she has had any notification regards it previously. She has not required to apply for any credit so it hasn't come to light.

We have lived in the same address for almost 11 years so we're not exactly difficult to find.

My questions are:

Moorcroft been a bit underhand here but have they breached any regulations?

How long before a Mortgage is statute barred?

Where do we go from here?

Any help/advice would be most appreciated.

Cheers

Dean

too many questions need answering before you can get advice for what you ask.

Waht was the CCJ for and when?

ex hubby- does he have or did he have a mortgage? If someone tells me they have no recollection of having a mortgage I think they are either incredibly stupid or they are being economical with the turth. People remember where they lived and whether they owned the house or not

Ive merged an old thread from 2010

That should jog his memory dca

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You are not alone

4th one this week

You are safe to ignore a dca