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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

shoosmiths??

jimbob11

By jimbob11
in Home Repossessions

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jimbob11

jimbob11

Posted
Posted

I handed the keys back to my home in 1996 and have had various debt collection agencies chasing me for 10 grand ever since.

I have basically ignored all previous letters as they were DCAs.

I split with my partner (joint mortgage) and we dont see each other.

i dont know if she has cleared any of the original debt (or if it matters)

I now have shoosmiths threatening me with legal action if i don't contact them.

Do these people have any more weight than a debt collection agency or will they eventually fizzle out like the other companies?

After all the other DCAs started contacting me I assumed that the mortgage company had sold on the debt, but having read a couple of threads on here it may be that the debt still lies with the mortgage company as shoosmiths don't buy debts.

 

PS

I have no current mortgage (all in my partners name)

 

PPS

all the letters as yet are computer generated responses and none have been personally signed by anyone

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slgsue

slgsue

Posted
Posted

I think you need to find out where you stand in terms of timescale - 15 years of no communication from you is a long time to hold a debt and could well be statute barred as it is so old. If it is nothing they can do, I am sure someone with greater knowlege will be along soon

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Ell-enn

Ell-enn

Posted
Posted

If there has been no payment or acknowledgement of the debt for twelve years then it is statute barred. The only way to find out if your ex has acknowledged or made any payment to the debt is to send a subject access request to the original lender.

 

You will need to send a £10 postal order (not cheque) with the SAR - write on the back of the postal order "payment for subject access request only - not to be used as payment." Send by recorded delivery and keep a copy of the letter and a photocopy of the front and back of the postal order for your records, then print off the signature receipt from the royalmail website to keep with the letter also.

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jimbob11

jimbob11

Posted
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Posted
If there has been no payment or acknowledgement of the debt for twelve years then it is statute barred. The only way to find out if your ex has acknowledged or made any payment to the debt is to send a subject access request to the original lender.

 

Is that a good idea?

Wouldn't that action simply be an act of acknowledging the debt?

Why would someone who didn't acknowledge a debt start asking if someone who was liable had made contact or payments?

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Lea_HTH

Lea_HTH

Posted
Posted
Is that a good idea?

Wouldn't that action simply be an act of acknowledging the debt?

Why would someone who didn't acknowledge a debt start asking if someone who was liable had made contact or payments?

 

The point is that if your ex has been making payments, and one of them has fallen inside the statute barred period (i.e. 12 years) then the mortgage company, or whoever they appoint, are still within the time frames for taking further court action should they choose to. Getting a SAR allows you to see whether there has been any payment made during the last twelve years - if there has, you and your ex remain jointly and severally liable for repayment. That's why you have to know...though you could of course continue to ignore them. But sending a SAR isn't acknowledging the debt, it's asking for information about the account they hold on you.

 

One point - even though a debt may be statute barred, what this means is that no court action can be taken to enforce payment, but it does not mean that the debt cannot continue to be chased (you still owe the money). In fact, it'll more than likely be sold on once the statute period is up as the mortgage company will want to get rid and various other companies will no doubt try to get money from you - though with no fear of court action it is usually safe to ignore them.

 

At this point in time, you do not know if it is safe to ignore Shoosmiths - and they are litigators, so finding out what their position currently is, may well be the best way forward.

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PriorityOne

PriorityOne

Posted
Posted

Shoosmiths are solicitors; acting on behalf of other companies.... If you suspect that this may be stat. barred then you need to write and tell them (by rec, delivery), remembering to include the words "I do not acknowledge any debt to your company or to any company you may claim to represent" at the top.

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jimbob11

jimbob11

Posted
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again ,writing to them asking enquiring if a debt is statute barred would indicate that i am aware of the debt.

why would someone enquire as to a debts origins and history unless you were aware if its existence?

As yet they have no proof that I have received any correspondence whatsoever.

 

Until they start sending recorded mail, it will remain that way, I will start to write to them once this happens.

The strange thing is that every debt agency that has written to me have different figures of the outstanding debt (going up and down)

Surely the mortgage company would have a clear figure in mind if they had any idea of the amount I allegedly owed.

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Series3

Series3

Posted
Posted

they don't need proof that you read anything...they will prove that they sent it though.

send a SAR to find out where you stand...£10 is a small price to pay.

as above, do not acknowledge the debt.

 

it's your call

If my advice helped you please click my star

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jimbob11

jimbob11

Posted
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Posted

i dont know if its stat barred though, if my ex has made payments or acknowledged the debt then its not stat barred.

 

Would they really send a court summons to an address they don't actually know if a persons living there?

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PriorityOne

PriorityOne

Posted
Posted
i dont know if its stat barred though, if my ex has made payments or acknowledged the debt then its not stat barred.

 

Would they really send a court summons to an address they don't actually know if a persons living there?

 

It's been known to happen, yes. It's for them to prove it's not stat. barred by the way; not for you to prove it is.

 

:-)

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