Help! Husband's 18year old mortgage debt landed on our doorstep today. I'm terrified.

[perplexedofdorset]

Hi there,

I am at my wits end as today my husbands 18 year old mortgage debt has landed on our doormat!

 

I opened the letter from a debt collection agency thinking it was a receipt for a small parking fine, that has been paid recently,

to find they are now chasing my husband in regard to a mortgage arrears debt form the early '90's!

 

As i understand it he got into difficulties after letting his flat out to his ex wife's sister, who then didn't pay the rent,

so he 'handed the keys back' and then kept a low profile i guess.

 

That marriage ended in 2000. thank god, and we were reunited in 2004 (we first met in the '80's)

I knew then that he had lost his flat that way but we heard nothing of it and got on with our lives.

 

This year he incurred a parking fine for not paying the correct fee for 24 hours, some technicality on what consists of 24 hours and ignored it!!!

i was beside myself that he could do that and eventually managed to get him to pay the fine, debt worries me witless,

and assumed the letter was a hard confirmation of the payment made through paypal..

..now this! I was sick after i opened the letter, I really really hate debt!

 

What can i / we do?????

 

I thought if you handed the keys back to a mortgage company you were giving them the house, ie the money???

PLEASE, PLEASE can someone help us?????

[MrShed]

Sounds to me like it is statute barred anyway. When did you husband last acknowledge the debt, either in writing, or by making a payment?

[cerberusalert]

The Statute of Limitations for this debt is 12 years. If he has not made any payment or written acknowledgement towards the debt it will be Statute Barred and unenforceable.

[unclebulgaria67]

I wouldn't worry about it, as it sounds like it is statute barred so cannot be pursued legally.

They can ask, but this is about it.

 

Under OFT guidelines, once it is established the debt is statute barred the debt collection company should stop chasing.

 

Be careful, don't ever talk to them, keep everything in writing and do not believe anything they say without checking.

 

There are companies out there who will falsely make claims about powers they don't have to get people to pay them.

 

Your husband should send this letter and if they persist he should contact Trading Standards. Link here

[MrShed]

3 great minds think alike!

[perplexedofdorset]

12 years???

well i know he was in the flat in 1991, but don't know exactly when he 'handed back the keys' but i'm thinking say 1995?

 

i will be grilling him over this when i next see him, believe me!

 

He has not made any payments and as i said very much kept his head down.

 

so if the house was handed back in 1995 that would make the debt 16 years old.

 

He has told me he has been aware that the company are chasing this debt for a couple of weeks now so i dont think he has actually talked to anyone.

 

..so what do you recommend we do ....

. Please????

[MrShed]

If you can confirm that he has NOT acknowledged the debt or made a payment since before 1999 (i.e. 12 years ago) then the debt is unenforceable. There is a template letter somewhere on here to send them to inform them that the debt is statute barred.

[cerberusalert]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

Just alter the six years to 12;

 

The last payment of this alleged debt was made over twelve years ago

[unclebulgaria67]

If you can confirm that he has NOT acknowledged the debt or made a payment since before 1999 (i.e. 12 years ago) then the debt is unenforceable. There is a template letter somewhere on here to send them to inform them that the debt is statute barred.

 

The only issue could be if a CCJ was obtained. He should perhaps check to make sure using this link.

 

http://www.trustonline.org.uk/

[MrShed]

The only issue could be if a CCJ was obtained. He should perhaps check to make sure using this link.

 

http://www.trustonline.org.uk/

 

That did cross my mind but I didnt know enough about the impact of that to comment surely if a CCJ was obtained though, they would be simply enforcing the debt through the court (WoE, AoE, CO, similar?) rather than a DCA writing letters?

[unclebulgaria67]

It could be that a CCJ was obtained and they have so far not followed it up, as they have been unable to trace him.

 

If they obtained a CCJ before the 12 years was up and a further 6 years has not passed yet, they could potentially still be able to enforce.

 

But as you say, if they have not gone back to the court, perhaps a CCJ was never obtained.

[perplexedofdorset]

So, for him to say in the letter.....

when the last, if any payment, on the mortgage (?) or just the debt for the mortgage (?) was made and the date (or approximate date) the last communication, if any, was ?

and to change the six years to twelve?

What if he has spoken to them in the last two weeks about this????? I think this is highly unlikely knowing how busy he has been of late and how he will ignore things that are unpleasant,( well i'm hoping like h*** he hasn't)

in the letter they say ' we have failed to receive your contact or proposals for the repayment of the balance outstanding' so it wouls seem he hasn't been in touch.

I am feeling so sick about this, but thank you guys for responding so swiftly.

they are threatening to 'revert to our client, (the Halifax) for their specific instructions concerning the issuing of proceedings in this matter'

is this just trying to frighten us, or rather specifically me? (its working!)

[perplexedofdorset]

Ccj...aaagghh!!!!!

[MrShed]

At this stage, whilst not in absolute full possession of the facts, try not to worry about it too much. Even if the facts turn out to be different than they first appear, which would seem unlikely, the guys here with a lot more knowledge than I will be able to help. The reference to payment is any payment towards the debt. This sounds very much like a "chancing arm" exercise - it could be that the DCA has bought the debt for pennies as its statute barred, then trying to enforce knowing that a lot of people wont know/investigate the statute of limitations. Dont stress! Your first thing to do is have an honest conversation with the OH about it, and also to check for CCJs. When you get all the details, come back to us

[unclebulgaria67]

Agree don't stress out about this.

 

Get your husband to send the statute barred letter as advised above and also ask him to check for CCJ's just in case.

 

At the moment, you don't have the information and therefore should treat the letter as a fishing exercise from a company hoping you are ignorant enough to pay them.

[perplexedofdorset]

thank you for those calming words but im afraid my day is completely shot now.

 

i once had a bank debt of a few pounds when i went od before my giro cleared, can you guess by the lingo that we are talking very early 80s??

 

well lovely Barclays bank gave me £70 worth of charges and i never went od again, not even now when i have agreed od etc etc.

 

debt terrifies me. Even my (yes mine not ours) mortgage scares me, even though by most standards its tiny.

 

so thank you for trying but this part of deepest darkest Dorset is closed for business today due to extreme terrification.

 

i cant even get to talk to him face to face til next weekend as he works away all week and is currently enjoying himself on a bike ride somewhere in Wales.

[perplexedofdorset]

 

yes, i suppose lots of people have the odd £26k lying around....hahahahaha

[cerberusalert]

Even if a CCJ had been obtained it would have dropped off his credit file and trustonline after six years. Technically a CCJ never becomes Statute Barred, however if it hasn't been enforced within six years they would have to apply to a court to do so......... permission is very rarely if ever given.

[MrShed]

thank you for those calming words but im afraid my day is completely shot now.

i once had a bank debt of a few pounds when i went od before my giro cleared, can you guess by the lingo that we are talking very early 80s??

well lovely Barclays bank gave me £70 worth of charges and i never went od again, not even now when i have agreed od etc etc.

debt terrifies me. Even my (yes mine not ours) mortgage scares me, even though by most standards its tiny.

so thank you for trying but this part of deepest darkest Dorset is closed for business today due to extreme terrification.

i cant even get to talk to him face to face til next weekend as he works away all week and is currently enjoying himself on a bike ride somewhere in Wales.

 

I would be the same, I realise its easier to say to not stress than it is to do. But just remember that from appearances, this is not a "debt" that you have to pay. So just remember that for now, until you get full possession of the facts.

[cerberusalert]

they are threatening to 'revert to our client, (the Halifax) for their specific instructions concerning the issuing of proceedings in this matter'

Well by the sound of that comment they don't have a CCJ in any case. They are sabre rattling so just send the Statute Barred letter.

[perplexedofdorset]

'Technically a CCJ never becomes statute barred, however if it hasn't been enforced within six years they would have to apply to a court to do so......... permission is very rarely if ever given'.

 

really????

[cerberusalert]

really????

 

Yes really.

[perplexedofdorset]

Well by the sound of that comment they don't have a CCJ in any case. They are sabre rattling so just send the Statute Barred letter.

 

Guys thank you, thank you,

I will be getting back with facts as soon as i can but cant see that being before tomorrow night, (stupid 24 hour time trial) but will definitely be getting back.

Thank you for your wisdom, kind words and help so far....

[Mark&Janice]

Was your husbands ex wife on the mortgage? if she was and she has admitted the debt then the clock resets from when she admitted the debt. The 12 years applies to both on the mortgage

[perplexedofdorset]

no, he bought the flat before they met. got together with her, rented it to her sister, fool, who never paid the rent and defaulted.

he would never buy a house for or with her during their marriage, despite her nagging him senseless, probably because of this debt.