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Pontered

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About Pontered

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  1. 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
  2. Hi All, I hope someone can help. My partner & I share a house together. The house, mortgage & council tax bills are in her name. She did pay the council tax until she fell into arrears. I eventually discovered the issue & added my name to the bill in 2011. I have paid the bill ever since. Today I received a letter from the council advising me that they have sent an attachment of earning letter to my employer with just my name on it. It states that in 2010 they applied to the court for a liability order against the property and they are now looking to claim back the 2010/11 payments (£1800). Since then we haven't made any attempt to clear off the arrears so they have used the powers given to them by the order to apply for an attachment of earnings. I was aware of the LO but as the letter regarding this wasn't in my name I didn't receive them. I just assumed that this was now attached to the property & will sit there until the property was sold. Two things don't sit correctly with me. Firstly, My name was not on the charging order. Can they really apply an attachment of earning to my employer if my name wasn't even on the bill at the time? Secondly, My partners name is not mentioned anywhere on the letter? Surely this AOE request should be in my partners name not mine? I hope this makes sense?
  3. 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
  4. 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
  5. 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
  6. 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!
  7. 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
  8. 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?
  9. 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
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