I had a house repossessed in June 1999,

it was sold by my lender (Halifax) with a mortgage shortfall of £11669.

the debt has been passed around numerous collectors and

in fact I made some payments a few years ago of £50 a month for about 2 years.

I have today received a letter Bank of Scotland informing me I owe £3534

and they have handed over debt to Dryden Fairfax solicitors.

do I stand?

Hi wigster33

Welcome to CAG

The guys will advise as soon as they are available.

Thread moved to correct forum.

If it date from that time it is most likely statute barred if this is the first time it has cropped up. you will need more details from HBOS and the DCA

If it's mortgage related debt then it doesn't become statute barred until 12 years without acknowledgement or payment as I understand it. If repossession was involved doesn't that mean that it went to court? Was there a CCJ and does it cover the outstanding amount?

I really wish there was a way to force lenders to not accept anything below market value

when selling on a repossessed property

- it is close to wilful negligence to take the property and still leave the debtor

with a debt due to under-selling the home.

Obviously, if there is negative equity they can't always recover the full debt value,

but they should be made to get the best possible price, not auctioning off cheaply

for someone else to profit (see Homes under the hammer).

The council of mortgage lenders agreed that their members that shortfall debts would not be pursued after 6 years had expired with out any formal contact between the mortgage provider and the debtor.

BOS was the mortgage provider?

Sorry for the delay in getting back. The mortgage lender was Halifax, it was a joint mortgage my other half walked out in 1998.

Halifax being a member of the CML should if the facts are right follow the recommendation not to pursue after 6 years from the date the shortfall occurred.

Who are Drydens acting for HBOS or a DCA.

Drydens are acting for HBOS in fact the letter i received was from HBOS and there was a letter from Drydens in with it outlining they were now chasing the debt.

when did the house sell

and when did you make those £50 payments?

if Halifax or anyone on their behalf regularly wrote to you

since the house sale then they have tried to contact you to settle

so the CML 6yrs 'guideline' will no sadly be the case.

we need more info plus a timeline.

dx

Drydens are acting for HBOS in fact the letter i received was from HBOS and there was a letter from Drydens in with it outlining they were now chasing the debt.

Ok have you been in constant contact with HBOS since the shortfall arose?

Thanks for your reply, i started paying £50 around May 2010 and paid it until May 2012. the house was sold in June 1999.

No not really, they repossessed the house sent out letters which i'm sorry to say I ignored it then went quiet for a long time then they involved Henderson Booth and Snell toward the back end of 2008.

Wigster

I take it you got spoofed by a threat-o-gram?

and started paying?

who did you pay?

are you aware of regular letters from HALIFAX during the 1999 - 2010 period?

dx

Yes you're quite right, I started paying Henderson Booth and Snell.

I only seem to remember letters from the Halifax in the first couple of years, i am ashamed to say I took on the Ostrich syndrome!

you did nothing wrong other than falling for the stupid non-existent fake/tame solicitor letter.

have you actual proof the payments went off the shortfall and have statements from Halifax proving this?

me thinks those payment went direct to the fake solicitors pocket.

dx

http://www.consumeractiongroup.co.uk/forum/showthread.php?198800-Henderson-Booth-and-Snell

me thinks you were had.

http://www.consumeractiongroup.co.uk/forum/showthread.php?131281-Can-Henderson-Booth-amp-Snell-Request-this-type-of-Info

http://www.legalfutures.co.uk/regulation/judge-upbraids-bank-and-its-debt-collection-agency-for-conducting-reserved-activity

What about this latest letter from Bank of Scotland? it states they are handing the debt over to Drydens. what should I do?

scan it up please.

prob just an assignment letter

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

I'll send one across when i get in.

More difficult than i thought.

here you go, tell me what you think.

Wigster

Hold on.. in hte Halifax letter it claims a shortfall of £3,534.28

In the Dryden letter it claims a shortfall of £11,668.56 ?

Hi, i'm not sure if my ex who was joint on mortgage has been paying anything off. The way i read it is that the original shortfall was £11686 and is now £3534.

Wigster

I think if your ex has been making payments to this and within the 12 year period, then it is unlikely you will be able to claim statute barring.

Hi, i'm not sure if my ex who was joint on mortgage has been paying anything off. The way i read it is that the original shortfall was £11686 and is now £3534.

 

Wigster

Time to send a SAR to Halifax, and tell Drydens to prove it I think.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387500-Mortgage-shortfalls-Request-Breakdown-of-balance-owed

You should however insist on a proper breakdown on how they have arrived at the shortfall figure. Send Drydens the letter above. Send it by a tracked method.. Recorded or Special delivery.

Many thanks for all your advice, it's very much appreciated.

Wigster

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