Halifax reposession in 1999

[centosboy]

Hi to all.

 

Firstly, i have read through many similar posts, but just be clear of my position, i thought i would ask for some advice.

 

My flat got repossessed and sold in 1999. It was originally bought for £47k and sold for £53k.

To cut a long story short, i received a letter from DLC collections in July 2009 claiming a shortfall of £29k! They have since provided 2 mortgage completion statements - one with a balance of £19k owing and another with a balance of £29k owing, the latter they say is the correct one.

I am currently getting some advice on this, but i wish to know the thoughts of someone who has currently been in this position and if there is anything else that i can do that i may not have considered.

DLC state they are acting on behalf of their clients. Does this still mean halifax are chasing this debt and have instructed them to do so or have DLC bought this debt? At the moment i am waiting on a more detailed breakdown of how these charges have occurred as the final statement is a bit vague to say the least.

[firstship]

Hi Centosboy.been in a similar situation,I sent a Subject Access Request and received all the info to enable me to put the shortfall into serious dispute. You can send SAR to DLC but as they appear to be acting on behalf of Halifax and not purchased the shortfall I would send the SAR direct to Halifax you should receive a copy of the original Mortgage Agreement,Statement of Payments,and Mortgage Account History along with all other data they hold on you.In the Mortgage Account History every transaction during Repossesion should be recorded,look out for dubious vague charges,such as Possession Costs,Solicitors Charges and Valuation Fees,if these are shown as charges without explanation,dispute each one and ask for a full breakdown,ask for full details of the Solicitor and who made the Valuation and full details of the Valuer.SAR letter on Cag Template File send along with a £10 postal order,Halifax have 40 days to produce all data,then you will be able to see how all charges are made up as there is a £6K difference between cost and selling. all the best............FS

[PriorityOne]

After this length of time, my thoughts are that DLC have bought this one and have tried to catch you before the 12 year stat-barred status (for mortgages) kicks in.

 

There's a SAR on another thread that applies more to mortgage situations than the standard template.... I'll post it up in a bit.

[centosboy]

Thanks for the reply firstship.

How would you know if the debt has been purchased by DLC or not?

And how do i send a SAR? As i said, someone is acting on my behalf.

I guess i can ask them to request this?? Or is this a Data Protections Act thing...which means i need to do this??

[PriorityOne]

Ok... adapt to suit your needs, if necessary and send by rec. delivery to DLC. If they are in fact acting on behalf of Halifax, then they'll need to liaise with Haliax for the info. you need. They have 40 days to get this info. to you though one way or another, or you can report them to the Information Commissioner.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/245594-mortgage-shortfall-5.html#post2753193

 

[firstship]

centosboy......Pone.... has given you the link to the template letter,if the debt has been sold to DLC then the SAR should produce an Assignment of Debt letter from Halifax and from DLC it would appear from your thread this Assignment does not exist,let the 40 days go by,and hope you get the required documents,if not help will be to hand with the next step...........FS

[centosboy]

Excellent stuff guys....will let you know how it goes....

[centosboy]

Hello all.

 

It appears the company dealing with this on my behalf have been trying to get information for the breakdown of the debt since jul 2009 but have been met with delaying tactics. They are still awaiting this information....

[PriorityOne]

Who is acting on your behalf and.... are you paying them to do it?

[centosboy]

Who is acting on your behalf and.... are you paying them to do it?

 

I am not sure i can say, but yes i am paying them to do so.

I am a bit concerned because i have been told that the collectors or mortgage companies sometimes refrain from sending documentation that is asked for, but still take the case to court and sometimes produce the documentation there.

I have also been told that because the repossession was in 1999 that i may be still liable for the debt. Of course that could be a possibility, but then i have also read that the 'clock' starts ticking from the time of the first default rather then when the property has been sold off...??

Either way, DLC have done nothing to provide details of proof of the debt apart from 2 mortgage completion statements, which have a discrepancy of 10k, and which they claim relates to AMS funds.

Anyone know what AMS funds are??

[PriorityOne]

I am not sure i can say, but yes i am paying them to do so. Then you need to give serious consideration to what you're paying them for....

I am a bit concerned because i have been told that the collectors or mortgage companies sometimes refrain from sending documentation that is asked for, but still take the case to court and sometimes produce the documentation there. Was this part of the "advice" you were given? If they're requested as part of a legal SAR or under CPR (Civil Procedure Rules) then the courts will not view this behaviour very kindly....

 

I have also been told that because the repossession was in 1999 that i may be still liable for the debt. More "advice"? If so, it is wrong... Of course that could be a possibility, but then i have al

Edited February 19, 2010 by PriorityOne

[centosboy]

Well.....i found this forum and these threads after i decided to do a bit more digging.

You could imagine my first response at opening a letter and seeing that debt collectors want to take me to court over a 29k debt.....panic....!

So i paid someone for advice ...etc. I asked the advice company to ask for proof of the debt, and all i got back was the mortgage completion statements.

I just have this feeling that if i did not point out the discrepancy in the 2 statements, they would not even have noticed....they certainly did not seem to notice until i mentioned it...

[PriorityOne]

Well.....i found this forum and these threads after i decided to do a bit more digging.

You could imagine my first response at opening a letter and seeing that debt collectors want to take me to court over a 29k debt.....panic....!

So i paid someone for advice ...etc. I asked the advice company to ask for proof of the debt, and all i got back was the mortgage completion statements.

I just have this feeling that if i did not point out the discrepancy in the 2 statements, they would not even have noticed....they certainly did not seem to notice until i mentioned it...

 

I can well imagine your panic.... my letter was for £52K years ago

 

If you're not happy with the service you're getting, don't use them. There's more knowledge/experience on this site anyway.

 

[centosboy]

I can well imagine your panic.... my letter was for £52K years ago

 

If you're not happy with the service you're getting, don't use them. There's more knowledge/experience on this site anyway.

 

Ok, fine, but not sure how to proceed from here.

Is it just best to sit and wait to see what DLC send?? So far they have been reported to the OFT.

These guys keep sending me letters, even though i am not dealing with them directly. I have never spoken to them or even corresponded by post.

[PriorityOne]

If your property was repossessed and sold in 1999, can you remember when you 1st defaulted on your payments to the mortgage company? In other words, how long after default was it repossessed and sold?

 

If this company you're paying are meant to be dealing with this on your behalf, then DLC should be dealing with them and not you.... which is why I said/implied that you were wasting your money.

 

On the other hand, if DLC have only just started writing to you now (after liaising with this company since 2009), then it suggests that DLC may be getting jittery about approaching stat-barred status and are pushing for a written re-acknowledgement from you.

[centosboy]

If your property was repossessed and sold in 1999, can you remember when you 1st defaulted on your payments to the mortgage company? In other words, how long after default was it repossessed and sold?

 

If this company you're paying are meant to be dealing with this on your behalf, then DLC should be dealing with them and not you.... which is why I said/implied that you were wasting your money.

 

On the other hand, if DLC have only just started writing to you now (after liaising with this company since 2009), then it suggests that DLC may be getting jittery about approaching stat-barred status and are pushing for a written re-acknowledgement from you.

 

I cant be certain because i have not been sent any paperwork, but i may have defaulted 2 yrs earlier....i know it was much earlier then when the place was repossessed...

[PriorityOne]

I cant be certain because i have not been sent any paperwork, but i may have defaulted 2 yrs earlier....i know it was much earlier then when the place was repossessed...

 

If you think that's the case, then you could get your money's worth from the company you're using and get them to inform DLC that this is stat-barred... 'coz it sounds like it could well be, to be honest.. In any case, the onus is on DLC to prove it's not stat-barred at the moment.

 

Whatever you do, it's important not to re-acknowledge the debt yourself and if they persist in trying to write to you, send the SAR in an earlier post by rec. delivery.

[centosboy]

Right...just a quick update...DLC have closed the account and handed it back to halifax.

Anyone know why this would/could happen??

[PriorityOne]

Right...just a quick update...DLC have closed the account and handed it back to halifax.

Anyone know why this would/could happen??

 

... because they can't get hold of you or, because they can't get hold of any information to back up their claim.

 

[centosboy]

... because they can't get hold of you or, because they can't get hold of any information to back up their claim.

 

 

Sorry for all the questions - but it seems halifax didnt sell the debt on then?? I was kind of hoping they had sold it on and not given enough documentation to DLC

Why then would halifax have asked DLC to act on their behalf...especially as DLC were not given any documentation to back up the alleged debt? Reading some threads on this forum and some very old but interesting ones at Repossession Top Level it seems this might be common practice?

I know i have to sit and await the response from halifax via my advisor, but is there anything else i can do in the meantime?

[PriorityOne]

Sorry for all the questions - but it seems halifax didnt sell the debt on then?? It would seem not.... but if that's the case, they've left it one helluva long time before chasing it up. I was kind of hoping they had sold it on and not given enough documentation to DLC makes no difference really... Halifax would still need to provide the same info. on request, if necessary.

Why then would halifax have asked DLC to act on their behalf...especially as DLC were not given any documentation to back up the alleged debt? To worry you, probably. A lot of people who get contacted by debt collectors confuse them with bailiffs and get so frightened that they try and pay. Reading some threads on this forum and some very old but interesting ones at Repossession Top Level it seems this might be common practice?

I know i have to sit and await the response from halifax via my advisor, but is there anything else i can do in the meantime?

 

I wouldn't do anything whatsoever until Halifax contact you themselves in writing. If/when they do, come back on here for advice.

[centosboy]

An update:

 

I have recently received a letter from halifax stating that Shoosmiths are now dealing with the case and i should await their instructions....

[PriorityOne]

Down to Shoesmiths to prove it's not stat-barred then.... they're gonna love that.

 

Wait and see what they write to you first.... but if you've heard nothing from Halifax re. your SAR, it doesn't look good for them so far, does it?

[centosboy]

Hello All.

 

A quick update: -

 

Shoosmiths wrote to me on a couple of occasions asking me to complete an attachment of earnings form.

I have refused and sent them a copy of the SAR i sent to Halifax.

I am awaiting this.

[centosboy]

i received a letter today from halifax acknowledging my sar. they asked me to call them regarding which details i need...but my letter was clear...everything requested was in there. what do i do now?