Asset Recoveries mortgage shortfall

[mac1963]

Hi please could any person advice on the best procedure to take .

in 1995 i had my house repossed by National Home loans.

in 1999 i replyed to Sarl a debt collecting agency now Asset recoveries stating that i was unemployed i have sent them a letter asking for them to use the 12 year rule but they keep hasling me i am now a home owner and they say i owe £14700 and they know i own a property and they plan to take me to court. how can i delay this the 12 year rule will end in September 2011. is there any way around it my partner then has never made any contact with them and he has claimed the 12 year rule.

what would be a resonable final offer of payment ? (dont want to pay but dont want to go to court .

or is there a way of delaying them with any letters .

has any one ever had there name taken of their current mortgage if so can they still put a charge on the property if i say i dont live there and remove my name.

Letters are coming fast now last one says they will take court action .

thanks please help Donna

[harrassed senior]

As the 12 years for statute barred is not yet due as you say until next year, then they will indeed chase. As you have admitted the debt by asking them to 'use the 12 year rule' it is possible that you have reset the SB clock and the 12 year rule will apply from the date of that letter in which you have acknowledged the debt.

 

If this is correct, then they have a further 12 years to chase the debt, and in all likelyhood will go for a CCJ and then a Charge on your present property. Not sure that you taking your name off the mortgage would work.

 

Maybe others will be along later with more encouraging advice.

[mac1963]

i thanks for your time i did send the letter (with out predudice).

IF I TAKE MY NAME OF THE CURRENT MORTGAGE AND SAY I DONT LIVE AT MY CURRENT ADDRESS THEY WILL HAVE TO SEARCH FOR ME AGAIN.

can they then chase my partner for the cost who was jointly responsible for it but has avoid them for 15 years.

thanks Donna .

do you know who would be best the besttype of solicitor to sit down and address this problem with

[PriorityOne]

i thanks for your time i did send the letter (with out predudice).

IF I TAKE MY NAME OF THE CURRENT MORTGAGE AND SAY I DONT LIVE AT MY CURRENT ADDRESS THEY WILL HAVE TO SEARCH FOR ME AGAIN.

can they then chase my partner for the cost who was jointly responsible for it but has avoid them for 15 years.

thanks Donna .

do you know who would be best the besttype of solicitor to sit down and address this problem with

 

They can chase whoever they find first and is easier to pursue on a joint liability debt. However, since this account now seems to be with debt collectors and not the original creditor, they'll need to substantiate their claim. If you don't tackle them however, they'll press on for a CCJ.

 

I'll be back in a bit with a letter you can adapt (if necessary).... as it sounds as if this debt has been sold and if so, there'll be a wad of unlawful charges added to it for starters.

 

I've been in a similar postion to you in the past.... but am clear now, so keep the faith!

[PriorityOne]

Well fancy that.... this was a letter to our friends Asset Recoveries as well.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?245594-Mortgage-Shortfall&p=2753193&viewfull=1#post2753193

 

You may find this entire thread helpful actually..... so make yourself a cuppa and give it a read. The letter needs adapting in the sense that you haven't as yet sent a SAR to anyone (to my knowledge), so you'll need to do that right away (by rec. delivery). It needs to go to whoever is chasing you for payment in the first instance; to see what they have. If you're not familiar with what a SAR is, please ask.

 

When you read the thread, pay particular attention to when an account is classed as stat-barred..... you'll come across it several times so don't worry about missing it.

 

[mac1963]

thanks Priority One sending a copy of your letter today

[firstship]

Mac1963......Hi......Been down this route with Asset..you refer to "Sarl" would we be talking Phoenix Recoveries Sarl UK Ltd????????????If this is the case and even if not,send letter to ARUK Ltd that "You do not acknowledge any debt etc............Who owns the debt?????????National Home Loans are well known for selling their debts to Phoenix,if this is the case have you received a Notice of Assignment from National Home Loans or from the current owner of the debt??????????????...................FS

[mac1963]

Firstship

Thanks sent a letter recorded delivery also yes they are the same company i will keep you informed

[mac1963]

well finally got a reply some 32 days later they have sent me a transaction seemsto show a MIG of£3ooo being deducted from the balance.they also quoted Banfield vLeeds 2007 say it nothing to do with me the MIG.

also transaction which shows a balance of £53698then two monies rec on red £23080 &£14619 some maintance cost £1000 plus solictors cost and MIG £3000, owe £14206.57.

home visits and investigation fees new Bal captital non miras -£45.521.79 -£31106.64

£45.521.79 owe £14415.15

so they state inital send transaction i need to be more specific what im asking for i sent the letter from the link in previous reply

sent this letter to them and got a transaction in reply.

not sent a SAR yet and who should i swnd it to is it £10 and will they have all the information i require.

they have sent me a letter recieved sept 28th 1999 i stated that i can not see being able to make payments.

so if i cankeep them at bay untill sept 2011 will it be stat barred please help or advice me of my next step or a solictor who could deal with them thanks every one for your great support.

[PriorityOne]

A SAR needs to be sent (by rec. delivery) to whoever is chasing you for payment and it costs £10. The letter that you sent will be ineffective on its own as it's not part of a legal request, whereas the SAR is a legal request for info. under The Data Protection Act. It should keep them busy for a while... because they'll need to dig up the lot and if they don't, you can refer them back to specifics.

 

Make sure your SAR is headed up with "I do not acknowledge any debt to your company or to any company you claim to represent"

 

How long ago did you send them a letter asking about the 12-year rule in your 1st post?

[firstship]

Mac.......priorityone has given you the route to take SAR,be specific as to what you require most certainly ask for detailed copies of all those items listed in your thread, No9 with the name of the company, date along with all data they hold on you............FS

[mac1963]

Hi Priority one and thanks again.

sent letter in April 2008 my partner got a letter back then saying they hold his details in a central file and will be a delay we will contact you shortly. however they replyed to me by saying i made contact in 1999 in a letter not date they stamped 27 sept 99 saying i can for see being able to make any payments in the near future,

they have chased me ever since.

i am thinking of taking my name of my present mortgage and removing my name from all utility bills and vote register associated with it,

i have now sent the SAR

[mac1963]

Hi firstship thanks again now sent SAR to ARUK the reply to my last letter came from LAW Smith who say they represent Phoniex Recoveries. alla t the same address. ill keep you informed Big thanks

[firstship]

As you have figured ARUK and Lawsmiths same company,pleased you have sent SAR,............should produce detailed results,they have 40 days to comply.......have you received Deed/Notice of Assignment from Phoenix or ARUK,if it is not in the SAR,then make us aware,you should have received one from National Home Loans and same from Phoenix........wish you the best.......................FS