Henderson Booth & Snell - Statute barred?

[Davitz]

Hi there and thanks for looking.

 

In July of 1996 my house was repossessed by Halifax. Since then I have been receiving letters roughly every 18 months from Halifax and various DCAs. This morning I have received another one, this time from Henderson Booth & Snell. They are wanting me to fill in an I & E form and make an offer etc.

 

I have had absolutely no contact with Halifax or any of the DCAs at any point in the last 13 1/2 years, so have never acknowledged the debt.

 

The mortgage was a joint mortgage with my ex-girlfriend, who moved out of the property about 2 years before it was repossessed. Her name was never removed from the mortgage.

 

After reading a few threads it would appear that this debt is now statute barred. There is one thing that I am unsure about though. I have no idea whether my ex has ever acknowledged her half of the debt. Would that have any effect on the debt being statute barred for me? From the sum involved it would appear that they are persuing me for the whole of the debt.

 

If this is statute barred could somebody please point me to a template letter to send to them?

 

Thanks.

[BankFodder]

We don't have a letter for that. Mortgage related debt is barred after 12 years.

Write and tell them very simply that you do not acknowledge any debt and that if there is any debt then it would be statute barred anyway.

 

Keep copies of everything.

 

Contact your ex and let her know and find out if she has been contacted and what she has done.

 

Probably best to do this before you write to the DCA

[comebackjimmy]

Hi

 

1. the girlfriend

 

I would think it might be a good idea to contact your ex to see what she has done, if anything, and find out what correspondence she has received.

 

You should also tell her you are on this site and to watch your thread so that you can both be advised together since you are both potentially liable for the debt. I tmight be an idea for her to join the site and sub your thread so she is kept up to date with posts.

 

Perhaps you could also ask her if she will give you copies of any correspondence she has ever sent or received with regard to this debt and you should offer her the same.

 

Also ask her at this stage NOT to talk to any DCA, or to acknowledge the debt in any way.

 

2. Statute Barred?

 

It sounds like it could be statute barred but I am not an expert. As I understand it if you have not made a payment for six years (five in Scotland) or otherwise acknowledged the debt then in most, but not all, cases it is statute barred. What I think this means is that whilst you still owe the money the creditor has no legal means of enforcing the debt. (However, PLEASE WAIT for some other CAGers to come on and add their views).

 

Please advise:

 

If you are in England or Scotland.

 

What court documents you have received I.E. repossession orders, CCJ's etc and their dates.

 

Don't post it up at this stage, just state what you have and the dates.

 

Hopefully others will come on here with more specific advice.

 

3. The DCA

 

I have not heard of Henderson Booth & Snell but there are a lot of life forms in the pond!

 

I would personally not reply at all. I would certainly not make them an offer and I would never submit an I&E to them or anybody other than a court if it ordered me to do so. An I&E gives them loads of information about you and allows them to identify weaknesses in your situation that they can exploit.

 

Never talk to them. Not ever. If they ring put the phone down. If they call back leaved the phone off hook.

 

All comms to be written.

 

One other thing; it might be good idea to check your credit record with the three main agencies to see if you have any defaults showing with regard to this debt.

 

Good Luck

[Davitz]

Thank you for the replies so far.

 

Unfortunately I have no paperwork at all for any of the repossession due to my ex-wife destroying everything that I owned whilst I was sleeping rough for twelve months after the breakdown of our marriage. What I do remember is that I was taken to court in April 1996 and given 3 months to vacate the property, which I did in July 1996. During this 3 month period I paid £50 per week to Halifax as rent.

 

Regarding the ex-girlfriend, that issue is what prompted me to post this question in the first place. I really do not want to have to get in touch with her, but realise that I may have to. What I need to find out is whether her actions affect the debt being statute barred for myself i.e. If she has acknowledged the debt and I have not, could it be that the debt is statute barred for myself but not for her?

 

Regards.

[comebackjimmy]

With regard to the ex girlfriend you could perhaps write her a business-like letter just stating the facts and pointing out it is your mutual interests to work together. In that regard you could work together through the CAG so as to keep contact to the minimum necessary.