Mortgage arrears

[todd390]

I had a mortgage in the year 2000 backed up with an ISA. Due to unforseen circumstances I was driven out of my house with my now ex-wife and our children by gangs threatening my children who where then aged 14, 12 and 10.

The house was repossed and the house re-sold, I dont know how much the house was sold for but I reckon the company who mortgaged me (Mortgage Expreess, a part of the Bradford & Bingley Group) didnt make a loss on the sale.

I now have a company representing them chasing me for an outstanding amount of £15,000.00

They are using bullying tactics and telling me if I dont make an arrangement with them I will end up in front of a judge and possibley jail.

The way I see it I lost my home due to thugs, I was unable to do anything about this I had to think about the safety of my children and my then wife, while I was at work.

Do I have to repay the amount or if I go to court and explain to the judge the circumstances is there any hope I may lose the debt?

Do I have the right to see how much the house was sold for and if the mortgage company made a loss or a gain on the property?

[Ell-enn]

I'm sorry you had such a terrible time and had to leave your home - it must have been a terrible strain. You have come to the right place for advice and support so try to keep calm - you will get all the help you need. You should take comfort in the knowledge that there are many people on this site who have been in a similar (or worse) situation and are receiving support and advice.

 

Who is the company chasing you for this debt?

 

Also, do you have any correspondence from the building society following the repossession?

 

You are in good hands here and we will be able to help you through this. It may take a few "question and answer" sessions before we have the full picture so please continue to monitor your post regularly.

 

Regs Ell-enn

[cerberusalert]

Put your old address into House Prices & see if anything shows up.

[todd390]

The company chasing for the debt is Asset Recoveries UK Ltd of Sale in Manchester.

I do not have any correspondence from Mortgage Express following the re-possession. I sent them the keys to the property and only recieved a reply telling me they where in reciept of the key.

The next thing I knew was I had a letter at a previous rented address following my seperation from my wife. Now I live at my present address I have recieved a letter from the above company.

The letter says "It may be that you are mistaken as to our client's intentions in seeking recovery of monies properly due from you and a Notice of Assignment served upon you. Interest continues to accrue upon monies outstanding from you.

The property was sold for £42,000 according to a web search.

Unfortunatley I have no paper-work with regard to the property as theses have been lost during my seperation.

[sequenci]

Well, Limitation for secured borrowing is 12 years, however, The Council of Mortgage lenders have a voluntary code which states that a lender will not chase you if six years have passed. I'm wondering if this could be used as an argument. I notice Mortgage Express are members of the CML.

 

This fact-sheet expands in great detail.

 

National Debtline England & Wales | Debt Advice | Factsheet 11 Mortgage Shortfalls

 

one thing to bear in mind should a CML argument not be considered, the limitation for any interest on secured lending is only 6 years.

[todd390]

I've been checking paperwork I have and the year we vacated the property was 2000. Mortgage Express sold the account to Pheonix Recoveries (UK) Limited and the debt is for £11,733.64 not £15,000.00 as I stated earlier (sorry about that).

Pheonix have appointed Asset Recoveries UK Ltd to chase me about the debt.

One part of the letter says "Your failure to respond to this letter is likely to lead to a course of action whick will involve Court proceedings. Such proceedings will include a claim for costs and interest and you will almost certainly need to take time off work to attend before a judge and explain why you have not responded to our letters seeking constructive proposals for repayment of your obligation".

I note from information recieved that Mortgage Express are members of Council of Mortgage Lenders and that states they will not chase after 6 years as opposed to the 12 years rule.

Does this mean that if I end up in court that Asset Recoveries may lose the right to the debt?

More to the point would a court take into account the mitigating circumstances that led to me having to flee my home for the safety of my family?

[todd390]

Well its been a while since September, I wrote to the company chasing the debt asking for more information so I may assist them but upto now they have not replied.

I just hope they dont reply with their threats like the first few letters I recieved.

[nancymay]

hi i am having the same trouble with asset recoveries chasing me for a debt of 15.000 from a house i left 15 years ago when i left my husband he stayed in the house for about a year and then it was repossed i work full time but do get working tax credit as my partner is unable to work we are struggling already and this is really adding alot of stress. Are they still bothering you

[PriorityOne]

It seems that Asset are fancying their chances, without any paperwork to back up most/if any of what they're threatening.

 

As for threatening jail in Post 1.... have debtors jails been revived again then ?... lol !!

Edited May 29, 2008 by PriorityOne
Mis-read post

[nancymay]

Thanks for your reply made me feel a bit better just was wondering if asset have ever taken anyone to court or are they just full of threats their letters are quite intimadating also have had a letter from lawsmiths solictors anybody heard from them are asset and lawsmiths the same people many thanks x

[todd390]

Well I wrote to Asset Recoveries in September 2007 and I have received a letter today dated 3rd April 2008. They have told me they have pulled my file from their archives, and are still pursueing the shortfall. I have written back asking for a full breakdown and costs incurred. So its wait and see what they come up with next. I must say at this stage they have not been as threatening as their previous letters. If that hapens again I shall seek a solicitors advice and see what action I can take against their intimidating behaviour, as I am pretty sure no-one should be able to use such behaviour towards any individual whether they owe a debt or not.

[todd390]

I have recieved a letter from Asset Recoveries informing answering the questions I asked with regard to the mortgage arrears. They have refused to inform me if Mortgage Express claimed against the idemnity insurance and told me that was a matter between them and the insurer and they were unable to divulge the information.

What do I do next?

Surely I am entitled to know if they claimed (they probably did) and how much the amount is. Do I write to mortgage express or to Asset recoveries?

[PriorityOne]

You need to send a S.A.R - (Subject Access Request) to Asset Recoveries in order to get everything they have. If this is not sent as a legal request, then they're under no obligation to supply you with info. and may press ahead. Send by rec. delivery and keep the receipt.

 

If you really want to pile on the pressure, I'll give you a link to an adapted S.A.R - (Subject Access Request) request... especially for ex-repo situations in a bit.

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/145763-my-last-hope-2.html#post1537568 - Post #22

Edited May 29, 2008 by PriorityOne
link to letter

[todd390]

Thanks for the advice. I received another letter from Asset Recoveries asking me to contact them as a matter of urgency. I have sent them a letter to inform them that I am contacting Mortgage Express and refuse to deal with their company until Mortgage Express have contacted me. I did phone and when asked details of D.O.B. refused to answer their questions and they would not speak to me telling me the person was not available. I am not parting with money without a fight. The repossession was due to threatening gangs, do they expect you to live a life of hell and remain where your family is not safe? Anyway on with the battle against Asset Recoveries and their intimidating letters.

[todd390]

Well I have another threatening letter of Asset Recoveries telling me that I am not entitled to know what the idemnity deal was as it is a mtter between the lender and the insurer. I wrote back telling them I am issuing an SAR and will deal the Morgage Express directly and have told them I am mereley seeking information and not admitting to any debt.

[todd390]

I have got the SAR for Mortgage Express ready and a copy for Asset Recoveries. As I said before they refuse to divulge the Indemnity payout saying "the MIG policy is for the benefit of the lender and is an agreement between them and the insurance company - we are therefore unable to divulge any information regarding the policy to a third party. It is also settled law that any claim made under any MIG policy does not relieve a borrower from liabiltiy to repay all sums due and owing following the sale of a property by a mortgage repossession.

Is that correct? Do I still have a case for being provided with the information under the Data Protection Act?

[PriorityOne]

You are entitled to receive all data that a company holds on you. I can't see how they plan to get away with withholding info. re. the MIG, seeing as the MIG applied to your account, but time will tell. Perhaps it's worth asking them to clarify upon which legal basis they are relying on by doing this ?.... as well as the "settled law" that they're prattling on about; seeing as a court would/could order them to disclose everything, should it prove to be necessary anyway.

 

Nevertheless, they still have a legal obligation to provide you with all financial details relating to that account, together with a complete breakdown of how they've arrived at the figure that they have..... and their legal right to collect upon it.... as part of your S.A.R - (Subject Access Request).... so that should keep them busy for a bit.

[todd390]

Thanks for that I will send the SAR to them as well as Mortgage Express.

I am going to write the letter of complaint to the Information Comminsion and FSA, I dont like their attitude they are trying to bully me. Would you suggest enclosing copies of their letters, or just quote wht they threaten and the fact that they will not divulge the data requested?

[PriorityOne]

It will do no harm to enclose copies, but don't expect miracles from the ICO... copies or not. I've yet to see them actually do something constructive about anything.

[todd390]

Received a letter from Assett Recoveries thanking me for my S.A.R - (Subject Access Request) but in order for them to respond to my request they require me to verify my identity either by sending a copy of passport, driving licence, or recent utility bill. They have been writing threatening letters to me for over 12 months now they require me to verify my ID, its a joke.

[todd390]

I have sent a copy of my TV licence to Assett Recoveries and I said in the letter accompanying it "If that was not good enough then I would consider the case closed as I was unable to verify my identity in any other form".

Just waiting to see what threat they come up with after that.

I reminded them they have forty days from the day they signed the recorde delivery with the SAR and they had to divulge all information and not tell me I'm not entitled to certain information.

[todd390]

Upto now Assett Recoveries have not replied to my SAR nor have Bradford & Bingley (Mortgage Express). If they do not reply within the 40 days what is my next move? Do I send them a reminder? Do I write to the information commission?

[todd390]

Well got my reply from Assett Recoveries this morning (seems they must trace this site lol). They are still telling me that I have no right under the data protection act to any information about the Indemnity Insurance. They quote the case of Portman Building Society v A B & Co (unreported) 25th May 1995. They go on to say that the MIG policy is for the benefit of the lender not the borrower then quote a few more cases. My house was re-possessed in 2001. I note from the information that the short fall was given to a company called Pheonix they then passed it on to Assett Recoveries in 2007. Does the 6 year rule apply with regard to mortgage lenders? Do I have a chance of winning this battle? What's more do I have the right to see what the MIG paid out?

Assett Recoveries are telling me that no MIG exists for this mortgage, I think it seems strange that a company like Bradfor & Bingley dont have a MIG. Help please.

[PriorityOne]

What about the rest of the info. they supposedly have ? Have they not sent you anything other than this letter ?

[todd390]

They have sent me the information I aksed for in the SAR it all seems complicated but they are still refusing to inform me about the MIG telling me it has nothing to do with me. I even have the mortgage papers I signed at the time of buying the house. I have not heard anything from Mortgage Express though, perhaps they will inform me of the MIG!