DCA Letter from NCI Resources - Ex defaulted on Mortgage

[Jakem]

Hi All,

 

Received the letter below on Friday from NCI Resources, although I have been away over the weekend and only just got back to find said letter sitting on the door mat.

 

Unfortunately I don't have access to a scanner otherwise I would have uploaded a copy of the letter for your perusal so a transcript will have to suffice.

 

In summary, I divorced the Ex in Sep 97 after handing the keys to the House over to her back in 95/96. She stayed on in the house and I heard

via the Grapevine a number of years ago that she moved out of the House in 1999. Me being young and naive back then thought she had simply

sold the house so I never gave it a second thought. Fast-forward a few years and I re-married, took out a joint Mortgage with my new wife. No

issues with obtaining the Mortgatge etc. so I never even gave it a second thought...

 

Looks likes the Ex moved out of the House alright, just in the middle of the night without a word to the Mortgage Company (CITI Bank) gone without a trace!

 

Given the nature of the letter it would seem that she has defaulted on the Mortgage (or something similiar) and they have repossed it and sold it on at Auction at a loss and are now chasing me for the outstanding balance....

 

This is the first that I have ever heard from anybody concerning this matter, therfore I have no idea as to the exact chain of events, I can only surmise on what may have occured. From reading these forums, it would seem that the consensus says that I should NOT ring them back and that perhaps I should fire off the following letter "General debt letter - if you know nothing of the debt.." Would this be correct?

 

Additionally what I don't understand is as to why it has taken NCI so long to contact me, or anybody else for that matter? I have not tried to hide, I have been on the Electoral register for years and have lived at my current address for over 4 years.

 

Let's say that the House did go to Auction back in 99', is the debt now not enforcable due to the CML 6 year limitation?

 

Any help would be most appreciated as to what my course of action should be.

 

Thanks

 

 

***Letter from NCI Resources follows***

 

Date 11/12/09 nci

NCI Reference xxx/xxx/xxxxxx resources

Home Farm

The New Stables

Cams Hall Estate

Fareham

Hants PO16 8UT

Mr xxxx

xxxx - (my current address is contained here in the letter) xxxx

xxxx

 

Dear Mr xxx

 

Britannia Group Loss Recovery Unit

Account Number: xxx

xxxxx - (name of former property)

 

We have been instructed to meet with you to discuss the shotfall against your former mortgage with Britannia Group Loss Recovery Unit. Consequently I called today, but unfortunately I was unable to meet you.

 

Because I was unable to speak to you, I have made an apointment for you, and would ask that you arrange to be at home at that time. The details are:

 

Day Date Time

 

If for any reason you are unable to keep the appointment, please telephone me to arrange an alternative.

 

Please contact me by telephone to arrange a mutually convenient appointment. If I do not hear from you within the next two days, I will call again.

 

My telephone number is given below, and I would ask you to have this letter to hand when you call.

 

Thank you for your co-operation. I look forward to meeting you.

 

Yours sincerely

 

 

xxx xxx

Field Agent

Telephone: xxxxx

 

***They ticked the field marked "Please contact me by telephone etc.."

[boswell]

the first thing is dont telephone anyone, once you do your hooked and they will ring you day and night. Do all comms by Letter, pref recorded and print sig dont sign. You need to know exactly where you stand legally on this issue and all depends on wether you signed over your half to your ex. I'm not sure the best way to go on this one and more expert advice will follow soon.

It may be a SAR (subject access request) to the original creditor to get an up to date picture and amount of debt.

But wait till more expert help comes along to point you in the right direction, will be watching with interesr

[maroondevo52]

Let's say that the House did go to Auction back in 99', is the debt now not enforcable due to the CML 6 year limitation?

 

 

Hi, sorry I can't help but believe it's a 12 year limitation on a mortgage.

 

Regards.

 

Scott.

[dx100uk]

urm......

i'd have a guess this is a last gasp attempt before it goes statute barred.

or its a phishing letter.

NCI are a tracing agency as far as i remember.

 

edit found them:

[url=http://www.nciuk.com/tracing.html]NCI : Providers of specialised field services for lenders[/url]

 

they will just be out to varify if you are the said person.

 

its 12yrs on a mortgage and i suspect you are passed this limit.

it will be from the last payment you or your ex met.

 

my gut reaction is to ignore it totally & treat it as a phishing letter.

its for them to PROVE it is not statue barred, not you to prove it IS..

 

you're under no legal obligation to identify yourself to anyone.

 

dx

Edited December 13, 2009 by dx100uk
found link.

[palomino]

I wonder if this counts as a mortgage debt per se. This is stated as being a shortfall on a mortgage repayment following a house sale. Maybe it is ...

 

Was your ex awarded the house in the divorce proceedings? If so, were you still obliged to make the mortgage payments or was this your wife's responsibility? Remember that verbal agreements or understandings don't count - what's written down and signed for is what matters.

Simply giving the keys to your wife doesn't count as a transfer of ownership of the property. You need to register this with the Land Registry (amongst other things) in which case your mortgage company will have to have been involved.

 

If your wife wasn't awarded the house then it must still have been yours. In which case you will have been liable for the mortgage payments. This seems unlikely as you would have known about it at the time.

[Jakem]

I wonder if this counts as a mortgage debt per se. This is stated as being a shortfall on a mortgage repayment following a house sale. Maybe it is ...

 

Was your ex awarded the house in the divorce proceedings? If so, were you still obliged to make the mortgage payments or was this your wife's responsibility? Remember that verbal agreements or understandings don't count - what's written down and signed for is what matters.

Simply giving the keys to your wife doesn't count as a transfer of ownership of the property. You need to register this with the Land Registry (amongst other things) in which case your mortgage company will have to have been involved.

 

If your wife wasn't awarded the house then it must still have been yours. In which case you will have been liable for the mortgage payments. This seems unlikely as you would have known about it at the time.

 

Thanks all for the welcome responses so far.

 

Unfortunately when I left the house to her it was only as a verbal aggreement.....I did the divorce myself through the Local Court and never did have my name removed from the Mortgage so I was obliged to meet the payments.

 

So, should I just ignore the DCA letter and any subsequent phishing letters, unless I actually sign for something off of the Postman, or do I fire off a prove it letter?

 

Thanks.

[ScarletPimpernel]

You could ignore it, or you could send a short note to NCI telling them that you do not wish to meet with them, and that all communication should be in writing.

 

If anyone does turn up, just politely ask them to leave; the OFT Guidance requires them to leave at once if asked.

[boswell]

Hi, i would be inclined to follow the excellent advice given by dx in #4 and treat it as a last ditch phishing trip, his link proves it.

As it was 13 years ago since your split i would wait and let them prove it, as dx correctly says "you are under no obligation to identify yourself to anyone" particularly a dca.

[dx100uk]

 

dx

[hungrybear]

I would totally ignore this letter and wait to see what they do next, no point raising your head above the parapit for the sake of it.

 

If someone comes to the door simply say that you do not know what they are talking about and to kindly put evrything in writing.

[Jakem]

Hi All,

 

Received a number of threatograms since my last post when back in early March I received a letter from Seddons Solicitors notifying me of a "Notice of Change of Solicitor" All went quiet until this morning when I received a "B132 - Notice to a registered proprietor of an application to enter an agreed notice"

 

At the bottom of said letter it states;

 

"As a result of this application the following entry has been made in the Charges Register of the above title number:" - The title is referring to my current property.

 

"Equitable charge created by an interim order of the xxxx County Court dated xx April 2010 in favour of Mortgage Agency Service Number Two Ltd"

 

I have since rang the Mortgage company who own the debt to see who the Subject Access Request should be sent to. I explained that I would not be answering any questions regarding the alleged debt etc prior to questioning her.

 

Turns out that the property was sold back in Sept 2000 for £16k, some £15k less than what the property was originally purchased for. It was on the market for 3 months and now there is a shortfall of just under £17k.

 

To make matters worse, the Ex has been paying £25 per month to the Mortgage company since 2001.

 

I have sent a Subject Access Request out today (recorded), although if the above is true it would seem that this is not statute barred.

 

The Britannia representative said that generally if you was looking to settle the debt you would look to the amount owed (17k) minus 50%, given that this was a joint Mortgage and work from that figure with regards to making any full and final settlemment offers.

 

How do I deal with the B132? Apparently, although I am yet to be served with the relevant letter there is a Court hearing date set for 1/07/2010 with ref. to an Interim Charging Order.

 

What should I do next, make an offer? If so what sort offigure/percentage

[harrassed senior]

I personally am confused as I always understood a Charging Order could only be applied for after a CCJ had been granted, and then defaulted on.

 

Hopefully others with more expertise in these matters will be along soon.

[Jakem]

Thanks HS,

 

Maybe she did receive one I don't know? I have not spoken with the Ex for some 14 years so have no idea as to what she has/has not received....

[cerberusalert]

The CCJ would have to have been in your name. If they obtained one without your knowledge you could have it set aside. Have you checked to see if there is one? You can do it online for £8 here; CCJs, court orders & fines - Search yourself and others - Trust Online

[Jakem]

Cerberusalert,

 

Yes I checked on that website back on 7th March against the property which the Mortgage was taken out on, comes back clean.

 

Would the CCJ have to be registered against that address? Do individual CCJ's have to be obtained and lodged against debtors when a joint Mortgage has been taken out or is it considered sufficient just to issue one in joint names.

 

If the latter as I mentioned previous she may have received one without my knowledge.

 

Thanks for the helpful advice.

[cerberusalert]

AFAIK it can't be issued in joint names, no doubt someone will verify.

 

They may have obtained one using another known address.

[Jakem]

Well in that case this may be a slip up on their behalf as I lived with my parents for a number of years after I left the Ex. On top of that I have been registered on the Electoral register ever since I moved out at various addresses including my current house which I have been resident in for 5 years. It's not like I have been trying to hide as I have nothing to hide...

[cerberusalert]

I'd write and invite them to provide details of the CCJ on which they are relying on in order to obtain a CO.

[Jakem]

Spoke with the Building Society's Legal representatives today who said that there was a CCJ issued against me on the House where the Mortgate was taken out. When I asked of him as to why there is nothing recorded against my name on the England and Wales Orders & Judgments database he stated that it does not necessarily have to appear on there. Is this correct?

 

Also spoken with the National Debtline who have told me that given that the Ex is making regular payments against the debt for each and every payment made this resets the clock with regards to the SB time period. Does this reset the clock for me given that the Mortgage was in joint names as she is effectively acknowledgeing the debt?

 

As the alleged outstanding debt is just short of £17k - half of which I am responsible for according to the Building Society, any ideas as to what would constitute a reasonable offer for full and final settlement?

 

Many Thanks

[cerberusalert]

It would be highly unusual not to be recorded on there, I'd be tempted to ask for the reference number and then contact your local court for a copy which will only cost a couple of pounds. If it exists you can then get it set aside, if it is older than six years they would have to apply to the court for permission to take enforcement in any case.... and that's rarely given.

[cerberusalert]

I've just realised, if it is older than six years it will have dropped off data base.

[Jakem]

And it dropping of the DB, is that a good or bad thing?

 

Any ideas ref. settlement fees?

[cerberusalert]

If it's dropped off the database it would mean the CCJ is more than six years old and they cannot take any enforcement action without the permission of the court which is very rarely if ever given. The bottom line would be they could not make you pay anything.

[Jakem]

Any ideas as to why the Court would have authorised an Interim Charging Order last month then against my current property? I didn't even get a chance to defend myself on this as I never received a notification letter from the Court/Building Society Legal Representatives.

 

On top of that the Building Society Legal Representatives says that a letter WAS sent, funny that how it never turned up. I would have thought something like that would have been sent via recorded delivery.

[cerberusalert]

Have you actually had sight of this order or is it just what you've been told?