An update to this... I sent the template letter about CML lenders not chasing after the 6 year timeframe, I have received a letter from NRAM (I wrote to NRAM and DrydensFairfax) - The long and short of it is that I signed a form PRIOR to the voluntary surrender of the property and keys. The form states that I am aware that I will be chased for any shortfall once the sale of the property is complete. I also gave a forwarding address on the form, so there was no excuse that NRAM/ Northern Rock could not contact me after the sale (I lived there for 4 years, and then any mail was redirected for 2 years to my next address, so covering the 6 year period from giving up the house). As they have not chased the debt until now, would the CML rules apply here? The form is dated October 2009. They have not provided copies of letters chasing the debt prior to this point. What would be the best course of action as they have ignored the letter I have sent them regarding the CML rules which they were a signatory to! Regards

I cannot remember, but I certainly think I gave Northern Rock my new address when I first moved. I don't recall informing them of subsequent moves. I have however always been on the electoral roll and had credit which can be traced back. My main query is relating to the voluntary code with the council of mortgage lenders, relating to the commencement of proceedings within 6 years. I have not been hiding, nor have I ignored any contact. I have always had redirection for 2 years following any move, and have not missed any correspondence. And why has it taken 9 years to contact me, when I have lived at my current address with a mortgage for nearly 5 years... There is a template on this site "lenders should not pursue under CML policy" which can be printed and sent to the lender/debt collector. From the reading/research I have done, I think I fall into this category, however I was seeking clarification.

The letter of claim states that it is sent in accordance with the Pre-Action Protocol for Debt Claims. They are instructed by their client, NRAM Ltd in respect of a debt owing to it by you (me). In the event that I do not provide proposals for the repayment of the debt, or respond as otherwise detailed in the letter and attachments, legal proceedings may be issued against me in the County Court. Full details as follows: The amount owed is £49407.28 No charges or interest are being added to the debt at this stage The debt relates to a mortgage shortfall in respect of **** property. The property was taken into possession and sold, but the money realised from the sale of the property was insufficient to redeem the mortgage, resulting in the shortfall There is a income/expenditure attachement, along with an appendix asking me to choose between admitting the debt through to not, and options inbetween. While the debt they are chasing relates to a house I previously owned, and there was a mortgage shortfall, my main query relates to the information from the CML which states that recovery action should be commenced within 6 years of the shortfall/default occuring. I do not believe that the debt is enforceable after this time, however I am seeing if anyone has dealt with similar, or has advice to the contrary. They have not sent any account information relating to the debt.

Hi to all. I haven't needed to post for a while, however this site has proven very helpful in the past, so I thought I would see if there is any help that anyone may be able to give. I don't have exact dates to hand, but I will see if I can find them if it is needed. I handed keys back to a property late 2009, mortgage with Northern Rock, together with the loan. (Together Mortgage). The house was sold by them early 2010 but with a shortfall of approx. £49,000. Since this time, I have managed to improve my finances, and I now have a new mortgage and good credit history, with no arrears. Approx 6 months ago I received a letter from NRAM which I queried with them by telephone, clearly stating that I did not owe the debt, and that I believe that they are unable to chase for any debt after nearly 10 years under the rules laid down by the council of mortgage lenders. Nothing further was received for about 3 months, which was just another letter from NRAM asking for repayment of the shortfall. I again queried the debt and made it clear I did not owe the sum requested, nothing further was received. Today, I have received a letter from drydensfairfax solicitors, a 'letter of claim' and that they are instructed by their client NRAM. I suspect that they have just bought the debt and are trying their luck, however before I write to them, can anyone advise where I stand? If I received a letter soon after the house was sold and the shortfall amount was known, does this count as recovery action, which then means that the CML rules relating to 6 years are null and void? Or does recovery action have to be just that? Any advice greatly appreciated!

Hi again, CCA and SAR sent today by recorded mail, with appropriate fee enclosed. I will wait with interest. What happens if I don't get a reply within the prescribed time limit? Regarding the set aside, I have printed forms and looked at similar cases, but if you have a template or any advice that would be appreciated. I assume I am arguing over the fact I don't believe the debt to be mine, and they have not produced evidence to the contrary. Finally, once I have sworn the documents at the court, I will be sending a copy of the SD with a covering letter to the OFT! g40_boy

Happy to go to court and more than happy to send details to the OFT. Regarding the CCA and SAR, I have printed everything ready to go, just waiting to see advice on here, however I won't get a reply within the time frame for having the SD set aside, is this likely to be a problem?

Particulars of the debt: The debt relates to the unpaid balance of sums due under Credit Agreement dated made between Mr xxxxxx and Hbos plc in respect of HALFX current number D/xxxxxxx. The agreement terminated upon the failure of Mr xxxx to comply with the terms of the agreement and/or a statutory notice of default served by Hbos plc. The rights and duties of Hbos Plc passed to the Creditor pursuant to an assignment dated 30 Nov 11 The Total amount due as at the date of this demand is £xxxx.xx which includes interest of £xxx.xx which has accrued since the assignment of the debt. The text above is EXACTLY as it has been sent to me (no date in text for example) with just the personal bits blanked out. Amount outstanding is well above the £750 threshold for bankruptcy if they followed that route! It is not statute barred, however it does not show anywhere on my credit file. I never received a letter of assignment. Last dealings with the account was around 3 years ago, nothing has been paid or admitted since. I have moved house but have mail redirection, however Cap Quest are writing to my new address (well almost, they got the address wrong but it managed to arrive!). Thanks g40_boy

Hi all, I have been reading the site for a while with interest, following a failed business investment 3 years ago, I have been in a poor financial state, and had the usual threatening letters/calls from a myriad of DCA's. I have ignored them up until now, and reading the advice on here from similar cases has helped lots! However, I have just receieved yesterday a letter with a computer generated statutory demand from Cap Quest, relating to a debt with Halifax bank for an unpaid overdraft. The SD signature is computer generated, and some details are missing, so I think it is a scare tactic. However, should I start the route of getting it set aside, as well as contacting Cap Quest by mail with a CCA request. Also, should I now contact Halifax with a SAR? A couple of points to note, the address from Cap Quest is incorrect (they missed part of my house name off, the postman obviously knows my name though so I have received it!) and the SD was sent by standard 1st class mail. The SD is dated 12th April, but I only received it yesterday (17th) does the 18/21 days start from date of issue or receipt? Any thoughts/advice would be much appreciated. g40_boy