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

[perplexedofdorset]

'admitted the debt'

 

so I really really need to hope that since the debt collection agency have been in touch with him about this matter, the last couple of weeks, he hasn't admitted liability for this debt?????

[Mark&Janice]

'admitted the debt'

 

so I really really need to hope that since the debt collection agency have been in touch with him about this matter, the last couple of weeks, he hasn't admitted liability for this debt?????

 

It wouldn't matter if he did as long as 12 years has passed

[coledog]

Any admission would have to be in writing of ' I acknowledge this debt' - over the phone does not count.

[coledog]

It wouldn't matter if he did as long as 12 years has passed

 

True also

[perplexedofdorset]

thank you

[perplexedofdorset]

is the sun over the yard arm somewhere, i could really do with a drink!!!

[MrShed]

Just shut your curtains, you can pretend its nighttime! Thats what I intend to do when I finish work in an hour!

[perplexedofdorset]

hahaha, sorry but I'm already ahead of you.

 

the top has been unscrewed off the bottle, the glass poured.....do you remember the days of corks??!!!

 

i know its ridiculous to be so scared and upset about this but i am.

 

i watch those watchdog progs on the telly where the baddie accrues massive debts or takes money from people by deception etc

and is seemingly totally unfazed by the authorities/people/law chasing him and can't for the life of me understand how they can't be worried out of their skin...but i digress.

 

i don't think i can add anything more today as i said, my husband is uncontactable for the next 24 hours,

so i guess i will have to sit tight until i can furnish you good people with actual facts.

 

i will be back as soon as i know more. thank you for your help.

[martin g]

Hello,

Out of interest who are the DCA's, some seem to specialise in buying statute barred debt very cheaply. If they can find and bully or decieve someone into paying the full debt they make an enormous profit.

The companies that do this are well known here.

 

Matin g

[perplexedofdorset]

Hi martin g,

I initially referred to the debt collection agency by their name in my first post, but decided against as i got worried that they might trawl forums such as these, paranoid or what???? hahahaha

If i said 'cobblers', could you guess their name?

[sillygirl1]

The agency haven't got a hope to get any money from your husband. T

 

hey are chancing that somebody will not know their rights and pay up... however everyone is correct mortgage shortfall arrears are deemed uncollectable after 12 years and unenforceable via the courts. If they do try then they will have a lot of poo on their anatomy to deal with - and the judge will be seriously questioning them - Shoosmiths comes to mind with the name.

[unclebulgaria67]

Yes I think I have guessed the company. The first part of their name rhymes with BOO !!

 

If this is correct, they appear to specialise in property related debts. They are solicitors, as well as debt collectors.

 

I am sure your husband will be able to provide a bit more information, when you speak to him.

[perplexedofdorset]

can someone tell me what WoE, AoE, and CO, mean please?

[unclebulgaria67]

Warrant of execution - Bailiffs to take goods

Attatchment to Earnings - Take money from his wages

Charging Order - Obtain an order against any property that he owns, so they can get their money when it is sold.

 

With each of these you would need to get proper legal advice about how your husbands previous debts will affect either of you, if they can still be enforced via the courts.

[perplexedofdorset]

'Yes I think I have guessed the company. The first part of their name rhymes with BOO !!'

 

you are both correct about the agency. i was thinking that it rhymed more with poo!and cobblers would be a good way of describing their activities, hahahahahhaa

on a more realistic note, im just so worried. i will keep everyone updated about things, but in the meantime im going just ever so slightly mad.

im worried that at some point he has admitted liability and that we are going to lose our home, or rather i will lose my home.

[perplexedofdorset]

thank you, this is related to the earlier thread, Help! Husband's 18year old mortgage debt landed on our doorstep today. I'm terrified.that i posted on this forum.

[unclebulgaria67]

Try not to think the worst. A relative of mine had a debt of over £30k from the early 90's and the bank concerned settled for less than £3k. The debt would have been written off by the bank against tax liabilities, so they may accept a lowish full and final settlement, if you found it was still legally enforceable. But that is a big IF. It might not be legally enforceable and they would have to prove otherwise.

 

You would have to think why they are contacting him now, as they have had plenty of time before. Has he registered any new finance arrangement, whereby they would have picked this up from a credit reference agency notification ?

[postggj]

but that debt is statute barred

 

you have no worries

 

did you send the statute barred template

[unclebulgaria67]

You are letting your mind go into overdrive. I would suggest that you disconnect from the internet, turn off your computer and take the dog for a walk.

 

Wait to speak to your husband to see if he knows about this and then next week start to make enquiries about the actual status of the debt. You could just send the statute barred letter and wait for them to come back.

[perplexedofdorset]

he ignored a parking fine, not for a terribly long time, and they got involved (im not sure if they were there from the first instance)

when i found out i nagged him to pay it now this! his name must have been flagged up.

[cerberusalert]

can someone tell me what WoE, AoE, and CO, mean please?

 

Non of which can be done without a court order.

[MrShed]

I would be amazed if the parking fine had anything to do with it.

[cerberusalert]

or rather i will lose my home.

neither they nor a court can touch your home, it's in your name and you are not responsible legally or morally for his debts.

 

You are doing exactly what debt collectors are hoping you will do and falling into the trap of worrying yourself sick about things that will not and cannot happen.

 

Even if your husband admitted the debt after the SB period it wouldn't make the slightest difference. he could have put a full page advert in the London Gazette and it wouldn't alter the fact that it's SB and nothing but nothing can unbar it.

[perplexedofdorset]

thank you guys, does anyone know where i could get a dog to walk??? hahhaahhaha

you've all been terribly kind, i will keep everyone informed on the original thread.

[perplexedofdorset]

but what if he admitted the debt in 2000 or something?

and yes the parking fine must have something to do with it as the same company, poomasters, dealt with it.