Asset Recoveries UK hassling re mortgage shortfall from 2000- ** Statute barred ** :)

[PriorityOne]

this is starting to confuse me again

 

 

I'm not surprised...

 

Your SAR went to Aruk and Aruk have so far failed to comply. Therefore the onus is on Aruk (and no-one else for the time being) to establish any legal right to collect payments from you; either on their own behalf or on behalf of anyone else.

 

Personally, I wouldn't worry about sending a SAR to anyone else right now.... because no-one else is chasing you for payment at the moment AND... there is absolutely no point in prodding the original creditor for information so close to stat-barred status anyway. I realise that a SAR went to Phoenix, but when it comes back with no known address stamped on it or whatever.... leave it (for now at least). You have proof that you've tried to get to the bottome of this situation and have been blocked from doing so by Aruk failing to give you information upon request.

 

If/when Aruk wake up to the fact that you're no pushover and pass the account back to whoever.... then we can deal with whoever may have it then.

 

This needs to be handled one step at at time or the whole situation could swallow you up.

[irate-wife]

just a rundown of what I have done up to now. Please tell me if I have done right up to now or if I have missed anything and any further suggestions. I sent access request to ARUK 30th jan. Got letter back stating i am just copying letters off internet and that I should take debts more seriously and have 7 days to return breakdown of finances or someone will call to my door. Then 8th february sent access request to phoenix lux via tracking but post couldnt deliver it, left card for them to collect. Sent letter of complaint to ARUK yesterday. that sums up what I have done up to now. I have got the letters recieved in my PC if you want me to I can put them back up for you to look at. many thanks.

[gh2008]

@ i-w - Perfect - you've done the right thing - taken the important points of advice out of the thread.

 

Totally agree with the approach of P1 - 1 step at a time - get the people chasing you off your back - get more info from them in writing and then go from there

 

Breath ........... and relax .............

 

[PriorityOne]

just a rundown of what I have done up to now. Please tell me if I have done right up to now or if I have missed anything and any further suggestions. I sent access request to ARUK 30th jan. Got letter back stating i am just copying letters off internet and that I should take debts more seriously and have 7 days to return breakdown of finances or someone will call to my door. Then 8th february sent access request to phoenix lux via tracking but post couldnt deliver it, left card for them to collect. Sent letter of complaint to ARUK yesterday. that sums up what I have done up to now. I have got the letters recieved in my PC if you want me to I can put them back up for you to look at. many thanks.

 

That's absolutely great.... you've done all the right things, so please don't worry.

 

Just make sure you keep hold of everything received and keep a copy of everything received.... and all your rec. delivery slips. It's much easier to get a file so you know what's been sent/received and when. Tesco's do some good ones on the cheap :grin:.... I'd have been lost without mine!

[irate-wife]

Ok GH & P1 thanks very much, I already bought a file at weekend and have everything in there. Hope I got a big enough one . well its work time for me. back later, Thanks again to you all .

[tedney]

Subbing for info. I also have issues with Phoenix etc., please see my other posts on here.

[irate-wife]

Subbing for info. I also have issues with Phoenix etc., please see my other posts on here.

Hi tedney, I been reading your thread too, good luck and I mean it from the bottom of my heart. I know I am getting good advise from this site and i dont know what i would do without these friends. I sent sar to phoenix in lux but it hasnt been delivered. Now i sent complaint to ARUK. just waiting for reply to it. My debt is 11 years old, nearly statute barred and just had first letter off them approx 4 weeks ago out of the blue.

[angry cat]

IW,

you may find this to be of interest:

Liability for Mortgage Shortfalls - Housing Repossessions (UK)

 

: The question of when the mortgage debt actually became due has been argued at some length in the courts. The starting point is that the mortgage debt became due at the point when the lender was first entitled to repossess.

In most cases that will be the first time in the history of the mortgage that the borrower was in arrears for the equivalent of two monthly instalments. This means that the 12 year period may have started many years before the property was actually sold."

Edited February 18, 2010 by angry cat

[angry cat]

Because this is a complex area of Law, here is another helpful link:

 

Debt Factsheets - Mortgage Shortfalls

[PriorityOne]

These would have scared the cr*p out of me when I was going through this myself many years ago.... and my own situation didn't follow the "normal" pattern of events anyway. It stayed with the OC and I settled for absolute peanuts.

 

Sometimes it's better to deal with things as and when they arise.... and at the moment, Aruk/Phoenix are not able to supply a bean.

 

[angry cat]

These would have scared the cr*p out of me when I was going through this myself many years ago.... and my own situation didn't follow the "normal" pattern of events anyway. It stayed with the OC and I settled for absolute peanuts.

 

Sometimes it's better to deal with things as and when they arise.... and at the moment, Aruk/Phoenix are not able to supply a bean.

 

 

Been through the situation myself as well PriorityOne...thus, my caution!

[irate-wife]

Because this is a complex area of Law, here is another helpful link:

 

Debt Factsheets - Mortgage Shortfalls

Hi AC, I rang these up 2 days after I recieved the letter from ARUK and they told me to copy and paste letter off their website stating that it was statute barred. i told them it wasnt but they said it definatley was. I sent aruk letter they told me to post and they replied and said it wasnt until may 2011 as that was when the property was sold.

[PriorityOne]

Hi AC, I rang these up 2 days after I recieved the letter from ARUK and they told me to copy and paste letter off their website stating that it was statute barred. i told them it wasnt but they said it definatley was. I sent aruk letter they told me to post and they replied and said it wasnt until may 2011 as that was when the property was sold.

 

I'm not sure that when the property was "sold" counts as the beginning of stat-barred status. We need to find this out for sure 'cos if so, this saga could be over (for Aruk) before it's even begun...

[PriorityOne]

Been through the situation myself as well PriorityOne...thus, my caution!

 

Argh!!...

 

Glad that you survived the experience AC and hope it wasn't too painful...

[irate-wife]

I'm not sure that when the property was "sold" counts as the beginning of stat-barred status. We need to find this out for sure 'cos if so, this saga could be over (for Aruk) before it's even begun...

All i can remember P1 is that my friends daughter was renting it off us. She became pregnant and left it in a terrible state. My mother and I went and cleaned it out top to bottom and told mortgage company to repossess it as my husband had left me 6 months earlier and i was on benefits with 3 children to look after and couldnt afford the payments.

My friends daughter had her baby in October 2000 and she left it when she was 3 months pregnant so in my reckoning it will be approx april / may 2000 when i told them to repossess the house.

[angry cat]

Hi AC, I rang these up 2 days after I recieved the letter from ARUK and they told me to copy and paste letter off their website stating that it was statute barred. i told them it wasnt but they said it definatley was. I sent aruk letter they told me to post and they replied and said it wasnt until may 2011 as that was when the property was sold.

 

IW, am inclined to agree with their (Insolvency UK helpline) view:

the time does not run, from when the property was sold!

 

ARUK are trying it on and ever so hopeful that, you may acknowledge the alleged debt.

[irate-wife]

I will never acknowledge the debt. Is there any way of finding out what the exact date was that it was repossessed.

[irate-wife]

I know that the property was sold in August 2000. I found that info on a web site. And the price it was sold for was a silly price, no where near the market value.

[PriorityOne]

I will never acknowledge the debt. Is there any way of finding out what the exact date was that it was repossessed.

 

At the moment, the onus is on Aruk to prove anything at all; including that it's not stat-barred.... I certainly wouldn't be in a rush to contact the OC about this at the moment.

 

Once an account is stat-barred.... it can't be un stat-barred but because we're unclear re. the dates involved, you need to tread carefully.

 

At the moment, it's still a waiting game (for Aruk).... so see what they do next.

 

[PriorityOne]

I know that the property was sold in August 2000. I found that info on a web site. And the price it was sold for was a silly price, no where near the market value.

 

That's less than 10 years ago.... which means they would have had to repossess some time earlier for it to be stat-barred now. In my experience, they don't normally repossess and then hang on to properties for 2 years...

[PriorityOne]

My friends daughter had her baby in October 2000 and she left it when she was 3 months pregnant so in my reckoning it will be approx april / may 2000 when i told them to repossess the house.

 

It doesn't look stat-barred to me... going by that info.

[irate-wife]

ARUK wrote and told me property was repossessed in june 2000 then sold in august 2000. They also state that Deed of Assignment was given to them dated august 2007.

They also say that notice of assignment was also given to me, I never recieved this.

Edited February 18, 2010 by irate-wife

[PriorityOne]

ARUK wrote and told me property was repossessed in june 2000 then sold in august 2000. They also state that Deed of Assignment was given to them dated august 2007

 

Ok... that does tie in with what you've said as well. If they have a Deed of Assignment, then it implies that the debt's been sold by Absolute Assignment. I can't see how they'd have a D of A unless they'd bought it in their own right... or, are acting on behalf of someone else (Phoenix) who bought it... in which case, Aruk won't be able to take court action themselves anyway.

 

Looks like they might have a job producing the kind of paperwork we want to see in any case...

[spamheed]

Traditionally Statute Barring begins from the date of the default, this would correspond with what you were told.

 

Surely the mortgage would effectively become repayable in its entirity at the point of default. At the same point the SB clock would begin

 

They are now attempting to claim the remaining balance of the mortgage.

 

I would consider SB to begin prior to the date of repossession, rather at the point the default was issued or the date that the last payment was made.

[PriorityOne]

Traditionally Statute Barring begins from the date of the default, this would correspond with what you were told.

 

Surely the mortgage would effectively become repayable in its entirity at the point of default. At the same point the SB clock would begin

 

They are now attempting to claim the remaining balance of the mortgage.

 

I would consider SB to begin prior to the date of repossession, rather at the point the default was issued or the date that the last payment was made.

 

Or written contact...

 

Last payment/contact would therefore need to have been 2 years before it was repossessed in 2000.... which is a bit if a long shot, IMO.