Hi All,

I have been chased since 2007 on a Northern Rock mortgage shortfall from 2002. I have never admitted liability for said debt and I have never made a payment.

Shoosmiths on behalf of Arrow are now saying that I made a payment in 2008 which re-sets the statute barred status that I told them it has. I have never ever made a payment, the only money that has been sent was to cover the cost of a SAR in late 2007.

After 2007 everything went quiet until 2013, eventually when I wrote back and forth a few times the DCA said their "case was closed" on this matter.

Roll forward to 2017 and they start again until November 2017 then quiet again until last week.

I believe that fraud is being committed here and wondered what others in my situation would do?

I am thinking of going direct to Action Fraud and reporting them, I am, tbh, sick and tired of this harassment.

I apologise if I delay to respond to anyone who replies as I am busy through this afternoon.

Thank you in advance.

Its not fraud..its harassment.... though although they are allowed to chase a statute barred debt...they are not allowed to litigate on it.

How is the harassment being conducted...Phone...letters or texts ?

And who exactly is doing the harassing now ?

Andy

I thought that as I haven't ever made a payment on the account and they have "magic'd" one from somewhere that would be classed as fraudulent activity as they are using that to say the debt isn't statute barred.

If they have, in they I mean maybe Lawsmiths who I sent an SAR to with a postal order for £10 in November 2007 or of course Arrow or Shoosmiths but I really don't know as Arrow took it over in 2013 and used drydens prior to Shoosmiths.

I am sorry that I am not being very clear hear,

this has been going on since 2007 and I do have all correspondence but it has been bounced from DCA to DCA,

the account was "closed" at one point,

there have been huge gaps between correspondence.

This lot are clowns,

have never answered a straight question,

never fully fulfilled an SAR on a mis-sold property from over 16 years ago

and now they have somehow found a random one off payment in 2008 which I never made on an account that I have never acknowledged the debt on.

It is a farce!

All of the correspondence is by letter,

including the one stating I made a payment,

which if I had then there wouldn't have been an argument from that point forward,

but they have still pushed,

and for 10yrs since 2008 and have never once mentioned this magic payment.....

.....until now.

I will add that once I did get a phone call,

the lady on the other end didn't introduce herself,

she said hello "my name",

shall we discuss a payment you made on an account,

at which point I put the phone down.

I now no longer answer the phone if I don't know the number and if I am honest when the postman comes it has a physical effect on me,

when I opened the Shoosmiths letter last week my hand shook.

I am close to going to the doctors and just reporting my symptoms on this,

surely this is unfair behaviour.

Then put all the letters in a box...keep safe but forget all about it...end of harassment.

You know, I think I will do this, thank you

Will wait and see after that I guess!

retitled and moved to repo forum

If they are saying that a payment in 2008 has reset the statue bar clock then invite them to do the following, highly complicated, maths equation that even Einstein himself might struggle with.

2018 - 2008 = 10

Debts under simple contract become statue barred after 6 years... So the 2008 payment is irrelevant because it's SB again anyway as that was 10 years ago!

Payment of £10 for a SAR in 2017 also has no effect on the SB clock as that is a fee covered under the Data Protection Act 1998 and has no bearing to the debt itself. Since GDPR however the £10 fee is no longer needed for a SAR.

Sooner or later a DCA may just be able to learn how to count to 6...

If they are saying that a payment in 2008 has reset the statue bar clock then invite them to do the following, highly complicated, maths equation that even Einstein himself might struggle with.

 

2018 - 2008 = 10

 

Debts under simple contract become statue barred after 6 years... So the 2008 payment is irrelevant because it's SB again anyway as that was 10 years ago!

 

Payment of £10 for a SAR in 2017 also has no effect on the SB clock as that is a fee covered under the Data Protection Act 1998 and has no bearing to the debt itself. Since GDPR however the £10 fee is no longer needed for a SAR.

 

Sooner or later a DCA may just be able to learn how to count to 6...

The debt in question is mortgage shortfall so 12yrs for SB however it is now 16yrs anyway. The none existent payment is either a complete fabrication or a misappropriation of funds via the SAR £10 from 2007. Either way, the debt is still SB, no question whatsoever.

BTW, you mention the £10 for SAR not being required now, how long has that been the case?

Google is my friend, I can see the GDPR came into force on the 25th of May 2018.

Just for clarity and benefit of readers Jason...and not that it effects you either way......shortfalls can be either 6 or 12 years subject to whether the shortfall is interest/charges etc...or actual mortgage capital.

Andy

Appreciated Andy, thanks.

If you called them out on the £10 payment they will merely say it was an error made by someone else guv and they will now take note but up to that point they will insist that they are right and you owe them a zillion quid.

Dont forget, they are working for someone else and only get a decent payday if they get a result.

They arent bothered how they get to that point