Northern Rock Debt sold to Fairmile Recoveries

[ellyjay]

I too have recieved another letter from them today, stating they will put a charge on my house, make me go to Crown court and answer to a Judge. The debt they are asking for does not exist. When Northern Rock sold my house the shortfall was covered by endowments. I received a letter from their Solicitor stating the balances and surprisingly enough there was nothing left after fees etc had been taken out but the outstanding debt to NR was cleared.

Untill this debt was cleared i could not be dissacociated from my ex husband, so once this debt had been removed from my credit file, i was given a brand new clean credit file.

I have just checked this file online and it shows only my present mortgage, my small outstanding credit card balance and my accounts. I do Not owe anything else.

Do I ignore this latest letter or let them take me to court to see if they can prove otherwise.

Unfortunately after 5 years i got rid off all old paperwork as i never thought i would need it again.

[Nordkapp]

Hi Everyone,

 

Hope someone will read this with the benefit of qualification, experience, or foresight!

 

I'm deliberately being vague-ish in case some of the DCA pond life read these posts (I would be surprised if they didnt)

 

A "Friend" is currently being chased by these gonks over an alleged Northern Rock repo debt which arose in 1999.

 

To snip a bit, we SAR'd the DCA and recently received an A4 envelope containing copies of letters sent by NR up to 1999, then a gap of nearly EIGHT years till the NOA from NR (original NOT received by my friend) dated 2007.

 

1) The SAR results were received ordinary mail (damaged, too, although apparently without loss), not Recorded after 4 weeks. Should my friend treat the documentation as Not Received since there exists no proof that it has ever been delivered? (as per LOP act)

2) Would failure of the DCA to prove service of said SAR documents within the statutory 40 days be sufficient grounds (in court) to lose their case?

3) Although we don't know what my friend's ex-spouse has been telling (or even paying) the DCA, would the lack of any reference in the SAR to any communication whatsoever between 1999 and 2007 constitute grounds that both NR and the DCA have breached CML code of practice of not pursuing debts where no contact has been made for 6+ years?

 

My friends next move is to wait for DCA to make contact again, and reinforce previous letter that they are acting outside CML policy (which duty they inherited from the Principal)

 

Meantime, we will be contacting NR to ascertain if any Mortgage Indemnity Policy was enacted on repossession, as well as making a formal complaint to NR that no correspondence was received from them in 8 years despite them having full knowledge of my friends subsequent address.

 

I would really welcome any comments - good and bad - as based on the above assumptions my friends position is that they won't pay a penny unless legally obliged.

 

Thanks (to everyone for a Brilliant website)

 

the Arctic Wanderer

[creditcardmug]

I too have recieved another letter from them today, stating they will put a charge on my house, make me go to Crown court and answer to a Judge. The debt they are asking for does not exist. When Northern Rock sold my house the shortfall was covered by endowments. I received a letter from their Solicitor stating the balances and surprisingly enough there was nothing left after fees etc had been taken out but the outstanding debt to NR was cleared.

Untill this debt was cleared i could not be dissacociated from my ex husband, so once this debt had been removed from my credit file, i was given a brand new clean credit file.

I have just checked this file online and it shows only my present mortgage, my small outstanding credit card balance and my accounts. I do Not owe anything else.

Do I ignore this latest letter or let them take me to court to see if they can prove otherwise.

Unfortunately after 5 years i got rid off all old paperwork as i never thought i would need it again.

 

They are talking total rubbish, the Crown court is a criminal court, this is not a criminal matter, i would ignore this rubbish from these idiots, and get on with life.

[ellyjay]

As you can see, my last post when I last head from these people, was last October, but today mI have had a lovely little note saying I am going to have a 'potential hime vist' That should be interesting!! Anyone else had a home vist from ARuk?

[Nordkapp]

Hi Ellijay,

 

Oddly enough, my mate SAR'd these scumbags in Sept 2008 and received the requested info in Oct 2008. Since then, not a whisper. She assumes that they've managed to locate and squeeze something out of the lowlife ex-husband, but we heard that he'd lost his job recently, and is not known for taking financial commitments too seriously.

 

 

PM me if you need any details, Id rather not post the minutiae here as I'm sure the pond lifers read these posts too.

 

Regarding home visits, please see

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Warmest regards.... the Arctic Wanderer

[Gotta_Lite_Mac]

Need response very quickly everyone.

 

Asking on behalf of a friend, he had a mortgage, property was repossessed. This was easily 12 years ago, yet now he finds himself being sent letters by ARUK wanting money off him. He didn't have any knowledge of owing anyone any funds, thinking repossession was the end of any financial implications.

 

Are they able to ask for anything after such a long period of time? 12 years without any word from them at all!

 

Many thanks Steve

[cerberusalert]

Any mortgage shortfall would be Statute Barred after 12 years. Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt make them prove a debt exists and they have the right to collect although you may have to send a SAR to the original creditor at a later date.

[Nordkapp]

Mortgage debt statute barred after 12 years without acknowledgement. Council of Mortgage Code of Practice states (verbatim)

“From 1 February 2000, lenders who are members of The Council of Mortgage Lenders have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in repossession. Anyone whose property was taken into possession and sold more than 6 years ago, and who has not been contacted by their lender about recovering any outstanding debt will not now be asked to pay the shortfall”.

 

The CML statement of Practice also addresses the assignment of debts in section 32 “If the mortgage shortfall debt has been assigned to another company, the principles of this statement will continue to apply"

 

Following up to my original posting in this thread, we've heard nothing from these parasites (Dominic Powell - Fairmile Recoveries) since Oct 2008 when they sent through the SAR material - and Hey Presto! - no record of contact on this account in 9 years!

 

I heard recently that Northern Rock was allegedly in bother for hiding over 2000 toxic mortgage accounts from shareholders.

 

They are fishing, don't worry!

 

hope this helps

 

the arctic wanderer

Edited April 23, 2010 by Nordkapp
incorrect acronym!

[limpetlad]

Hi All,

 

guess what, it's back again this time with Arrow Global who have been assigned the 'debt' from Fairmile via Drydensfairfax Solicitors.

 

This time they have added an income and expenditure form.

 

HAHAHAHAHAHAHA

 

 

Do I just send on the last stuff or just ignore this as have not had anything from Fairmile for a couple of years now??

 

 

Muchas

Matt