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


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hi, sorry for taking a while to post anything, been away from home for a while family member terminally ill. quick update. Still no response to the letter I sent 20th march. sorry if you think i am ignoring you but i have very serious family problems and have just got home today but only for a couple of hours as i need change of clothing etc. will let you know as soon as i get anything. Please dont forget all of your help is much more than appreciated. x

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I have read above with interest I don't know how this works and how to get advices from those of you whom seem so knowledgeble on mortgage shortfall. Can you tell me if anyone ever won a case using CLM Code etc :confused:

 

i KNOW THIS MAY NOT HAVE THE ANSWER I WANT BUT I WOULD DEEPLY APPRECIATE YOUR IMPUT ABD ADVISE

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I have read above with interest I don't know how this works and how to get advices from those of you whom seem so knowledgeble on mortgage shortfall. Can you tell me if anyone ever won a case using CLM Code etc :confused:

 

i KNOW THIS MAY NOT HAVE THE ANSWER I WANT BUT I WOULD DEEPLY APPRECIATE YOUR IMPUT ABD ADVISE

 

Car, if you start your own thread and ask your question there.. you wont get lost on someone elses.

 

I will do this for you and send you a link by private message :D

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi friends. I am now home from my very sad time with my family. Just an update on this issue, I have still recieved no correspondence from the letter I sent 20th March. I was expecting one on my doorstep when i got home. will keep you informed. x

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  • 2 weeks later...

Hi, I have recieved a letter from ARUK asking for my response to lhe letter they recieved marked "complaint". They are also asking for my proposals of what I am going to do to pay this money.

I sent letter which P1 wrote on 20th march. It seems to me they havent recieved this, but I have proof in the form of postage. I dont know if i am right here but I think i will just sit back and wait to see if they miraculously find it and reply.

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Same old, Same old I'm afraid, this shows them for what they are, just another dodgy Debt Collection company.

 

If you looked through these forums you would see hundreds, if not thousands of instances where Debt Collectors denied receiving, or completely ignored letters sent to them and where proof of posting and deliveries were obtained.

 

I would be inclined to agree, sit and do nothing, you have made your position very clear and it is now down to them to either prove their status, or crawl off back under stone

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Same old, Same old I'm afraid, this shows them for what they are, just another dodgy Debt Collection company.

 

I would be inclined to agree, sit and do nothing, you have made your position very clear and it is now down to them to either prove their status, or crawl off back under stone

 

totally agree - it's up to them to put up or shut up

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Hi, I have recieved a letter from ARUK asking for my response to lhe letter they recieved marked "complaint". They are also asking for my proposals of what I am going to do to pay this money.

I sent letter which P1 wrote on 20th march. It seems to me they havent recieved this, but I have proof in the form of postage. I dont know if i am right here but I think i will just sit back and wait to see if they miraculously find it and reply.

 

They've received it... otherwise you would have got a threatogram a lot, lot sooner than this. Ignore it for now (as already advised) and see what they do next. Don't get into any 'phone conversations though if they try and get hold of you in this way... which they might, in an attempt to gloss over the last letter you sent them with their own agenda.

 

:cool:;)

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  • 2 weeks later...

Hi friends, Just to let you know I have this morning recieved a letter from aruk in response to the last letter which P1 kindly helped with. It says "We acknowledge the letter recieved but they have no record on their file of having recieved a formal S.A.R.N request from me. And that in the meantime as our correspondence refers to an unsatisfied debt which you are clearly refusing to address by raising every obstacle in order to avoid its repayment, we can only repeat our request that you seek legal advice about your position". well thats what I recieved this morning. May I inform you ARUK as I know you watch this thread, I have been to the national debt helpline and quite a few others whom you have reccommended on the seperate sheet to some of the letters you sent and may I take this opportunity to inform you they all have said the same, IT IS STATUTE BARRED.

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File and ignore.... ;)

 

They have nothing more to say and neither do you, so the only choice open to them is to instigate court proceedings... where they'll have to produce one helluva lot to try and substantiate that their claim is not stat. barred and so on.... plus be landed for costs as well.

 

Ho hum... :rolleyes:

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Irate Wife, did you send the SAR via a tracked mail service ?, if so, then have a look at the RM track n trace website to see if was signed for. If so, print off the receipt.

 

Did you send the fee by postal order or cheque. If by postal order then you will be able to check if it has been cashed by phoning the post office on 01246 542091. You will need the receipt that you were given at the post office with the ID number.

 

Even if you get no joy from the above, then the fact that you have a receipt for posting will be sufficient, especially as the letter hasnt been returned to you:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 8 months later...

My ten penn'orth, in the hope that it (at least) will offer a crumb of comfort. My partner received a similar letter from these pond slimes - similar story, reposession then a decade of silence, then out of the blue ARUK start sending polite but insistent letters, encouraging dialogue. After a brief exchange of probing correspondence, we took CAG's advice and requested a SAR. Lo! there was no activity of any sort on the account until Northern Rock unloaded their slew of toxic debt, presumably in order to cleanse the business before fitting Taxpayer-funded training wheels. That was the last we ever heard from these parasites, and that was many many months ago.

 

As I understand it, the Council of Mortgage Lenders policy is not asking for repayment of debts over 6 YO where no contact has been made with the debtor, despite the statute of 12Y for mortgage debt. This policy transfers with the debt wherever it goes, [my understanding again] since an organisation which promotes or implements a Code of Conduct is bound by the requirements of said Code as if the requirements of the Code were in law. The Code then continues to apply to its successors.

 

NR being a member of CML is bound by the Code, and by inheritance, ARUK are too. They were greedy enough to buy the toxic debts, but it comes with baggage.

 

I even contacted the CML to ask why one of their members was in flagrant breach of the Code, but (predictably) they just closed rank and refused to discuss.

 

ARUK are not the Law, but they and their ilk are experienced at using good laws for a Bad Purpose and to them, the legal system is just another tool of the trade. Their solicitors share the same building, probably the same floor, and in my mental image, the same cobwebby offices overlooking the glue factory.

 

Behind every reposession there is a redundancy, death, divorce, breakdown or other personal crisis of unimaginable proportions, and people deserve to be treated with respect and dignity.

 

I hope the advice you've received here, from minds far more qualified than mine, will give you the knowledge and courage to face this situation. Don't give in, don't let the Bad Guys win.

 

it gets better - believe me

 

The Arctic Wandere

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followed this with great interest, hope they have scuttled off. Flagrant chancers by anyone's imagination. I must of admit I would have been daunted by this, poor IW get's her feet back on the ground and this pond life comes out of the cess-pool. hmmmmm But hey guy's you were great in the advice you gave, even the little disagreements soon resolved to rally around and support IW.

 

I believe this site is like a second family to me at the moment, going through 40k of debt myself with various creditors, ex gone, left me with mortgage and SL just about living. I could decorate the whole street with the letters I get but hey, they can only have what you got. At the start of my problems 18 months ago I trembled in fear of the letters coming through my bedsit dodgy letter box. With your help and experience, I find myself eagerly awaiting any new slime-ball that chances there arm. Give's me something to do in the evenings if I am not working, can't afford to go out or any holidays but hey still have the roof over me head so if my darling off spring wish to visit me and stay they can. (ex moved out to rented so back in my house) fair play we have never missed a mortgage payment or S loan payment... Ex agree's she don't mind waiting till I roll off this mortal coil for the sale of the house. (joint mortgage) I wont let her down and she did not let me down. Even kind enough to lend me some money for Christmas. She has gone on to promotion at work and has company car etc, best of luck to her. Can't as she said forget 25 years together, so really good friends now. I have a nice new girlfriend, someone I knew from years ago working would you believe it in the Financial Sector. Have a job I love, working for the NHS on an acute ward.... meet lovely people who are so brave in the face of terminal illness. Makes me stronger when I think of those low - life's trying to worry you over money, because in the end life is to short.

 

And a great big thank you to all you guy's on this site. You have helped me come out of great adversity and to anyone who feels its the end of there world. Believe me it gets better. Yes, something will come along and dent your self-esteem sometimes, but that is life. Can't thank you guy's enough. Well its a 13 hour shift today, so better get in that shower. Well done IW I truly hope they have scuttled off to some pond where they emerged from. (But some how I doubt it )

[sIGPIC][/sIGPIC]Happyhippy1959

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  • 4 months later...

Hi people, dont know if p1, spamheed etc are still looking at this thread. But, just in case you are, I have been lying low for a while. Only 12 more days and I can be the happiest person on this land. And its all down to you. will post on 1st July. X

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Fingers crossed, I've now gone from 2006 to now without paying anything on the alleged £5,000 shortfall they claimed on mine, £4,500 of that was a dubious "asset management fee" which I think was out of proprotion and illegal. As both companies involved in my repo are in administration I don't feel guilty at all.

 

Both companies made mistakes and had I known about CAG then things might have been different, however I've moved on a lot and learnt a lot, don't think they have!

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Hi people, dont know if p1, spamheed etc are still looking at this thread. But, just in case you are, I have been lying low for a while. Only 12 more days and I can be the happiest person on this land. And its all down to you. will post on 1st July. X

 

Can't wait.... !! :whoo::whoo:

:-)

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well I wish you all the best IW! I've just sat and read the whole thread in one sitting!

 

The guys on this site are too amazing for words. Thanks to all of you who know stuff for helping those of us who don't!

Today is the tomorrow you worried about yesterday, and all is well!

 

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Re-read in full this time and what a fantastic story..... I am keeping fingers crossed for you IW and will light up a special cigar for July 1st..... LOVE IT WHEN THESE POND LIFE GET A BLOOMING GOOD HIDING OF CAG.

[sIGPIC][/sIGPIC]Happyhippy1959

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