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

[perplexedofdorset]

good...done...have a lovely Sunday xxxx:-)

[perplexedofdorset]

update *** update *** update *** update *** update

 

Well Im sorry Ive been away from you so long (not, but in the best possible way!)

but its been all quiet on the western front until today...

I have just got home to find a letter from shoosmiths dated 11th October that consists, after the reference numbers and details of the account, of just two lines,

and i quote..

 

we refer to the above and your correspondence received.

we are currently seeking our clients instructions and we will revert back to you shortly....

 

again, as the last letter, it is signed 'shoosmiths' and not from an individual in the organisation, as the initial letters had been

so what do you think is happening???

 

the questions I have are...

 

why has it taken them until the 11th October to write back to me ( my last letter was sent on the 19th September)????

 

Why are the letters suddenly being signed just 'shoosmiths' rather than from an individual as the initial letters were???

 

so over to you good people........

[unclebulgaria67]

Wait for the next letter. At the moment they have got nothing to say. Perhaps they sent your last letter onto their clients and have not heard back. Their file had come out of the diary system, so they have sent a standard diary letter, just saying they will contact you in due course.

 

Just don't think about it and work on the basis that no news is good news. The matter is obviously not straightforward, so they will have to think about it. Personally I think they have left it all a bit late in the day to start pursuing this now and probably realise this.

[cerberusalert]

Because you have invoked the CML code of practice they will have to tread very carefully now so as not to fall foul of the OFT guidelines on debt collecting.

 

False representation of authority and/or legal position

 

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

oft664.pdf

[ScarletPimpernel]

[

 

 

 

 

Why are the letters suddenly being signed just 'shoosmiths' rather than from an individual as the initial letters were???

 

:

 

It's standard practice for this sort of letter to be signed, probably by a drone, in the name of the firm.

[perplexedofdorset]

no news is good news.

 

yes, UB I have been thinking that, but obviously I would prefer the letter to have said...'OK , we quit!' or something to that effect!! hhahahaha

 

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

 

which they completely did in the first few letters!!! and if I had not found you and this site, I would not have known....

HOW do they sleep at night???????

[rdm2006]

So glad to hear that they are getting nowhere fast.

 

Enjoy lol

[unclebulgaria67]

HOW do they sleep at night???????

 

Very comfortably, on big extra large king sized beds in massive houses, with all the trimmings. That would probably be the case with the owners of the company, plus their executives and not the normal staff who are probably on below average wages.

 

Shoosmiths, when they were Shoosmiths Harrisons were a decent company. But as with many of these large law firms, they have become involved with types of business including debt collection, that are all about earning as much money as they can. The legal trade used to be an honourable profession and still is for many, but there are loads of them, that don't really care about morality, it is just how much money they are making.

[perplexedofdorset]

at least i have a good job, not financially but morally satisfying (can't think of the right word, D'OH!!!)

[Happyhippy1959]

Yep, me to in the NHS and helping people for as you say peanuts.... but so satisfying.... Keep your chin up,

[perplexedofdorset]

[perplexedofdorset]

*** UPDATE *** UPDATE *** UPDATE *** UPDATE *** UPDATE ***

 

Hi there, hope people are still following this sad tale.

I received a letter today from the ...HALIFAX!!!

 

After the property address they write....

 

 

" I refer to your letter of 29th September sent to your solicitors, Shoosmiths, which has now been referred to us,

as our internal complaints procedure has not yet been exhausted.

Please be assured that Halifax takes all complaints very seriously.

You will find enclosed a copy of our leaflet which tells you how we will handle your complaint.

Your concerns will be dealt with as quickly as possible, but if you need to speak to me in the meantime, please telephone me on 01422 ******"

 

It is signed, by a person (!) from Mortgage Recoveries

 

Now the thing is I have never sent a letter to the Halifax, it was briefly mooted but the idea was discarded......

and the last letter I sent to Shoosmiths was sent the 16TH September...So what's going on here?????

 

So....are they trying to trick my OH/me into entering a dialogue and restarting the clock???

.......Isn't the debt beyond recovery?

.......Internal complaints procedure not yet exhausted...who for???

 

What do you think of this development???

[perplexedofdorset]

*** UPDATE *** UPDATE *** UPDATE *** UPDATE *** UPDATE ***

 

Hi there, hope people are still following this sad tale.

I received a letter today from the ...HALIFAX!!!

 

After the property address they write....

 

 

" I refer to your letter of 29th September sent to our solicitors, Shoosmiths, which has now

been referred to us, as our internal complaints procedure has not yet been exhausted.

Please be assured that Halifax takes all complaints very seriously.

You will find enclosed a copy of our leaflet which tells you how we will handle your complaint.

Your concerns will be dealt with as quickly as possible, but if you need to speak to me in the meantime, please telephone me on 01422 ******"

 

It is signed, by a person (!) from Mortgage Recoveries

 

Now the thing is I have never sent a letter to the Halifax, it was briefly mooted but the idea was discarded......

and the last letter I sent to Shoosmiths was sent the 16TH September...So what's going on here?????

 

So....are they trying to trick my OH/me into entering a dialogue and restarting the clock???

.......Isn't the debt beyond recovery?

.......Internal complaints procedure not yet exhausted...who for???

 

What do you think of this development???

[cerberusalert]

Ignore them until they come up with something of interest.

[Ell-enn]

Shoosmiths have obviously sent your letter to Halifax (as they are the client), if they want to deal with it under their complaints procedure, let them. When they investigate under their procedure they will no doubt find that the account is indeed statute barred.Do nothing - wait for them to communicate and then let us know what they say.By the way - if a debt is statute barred there is nothing that can re-start the clock.

[unclebulgaria67]

The letter dated 29 Sept is I expect from Shoosmiths sent to Halifax asking them what they want to do with the matter. Halifax have then logged your letter as a complaint and will look into this and in due course respond.

 

Remember that in your previous letter you have suggested the Halifax are not acting correctly e.g CML code not to chase after 6 years, which is backed by the FSA and therefore the FOS. Due to this under FSA rules, the Halifax have to look into all of this and respond properly.

 

Wait for a proper response letter from Halifax.

[perplexedofdorset]

thanks guys

[rdm2006]

The letter dated 29 Sept is I expect from Shoosmiths sent to Halifax asking them what they want to do with the matter. Halifax have then logged your letter as a complaint and will look into this and in due course respond.

 

Remember that in your previous letter you have suggested the Halifax are not acting correctly e.g CML code not to chase after 6 years, which is backed by the FSA and therefore the FOS. Due to this under FSA rules, the Halifax have to look into all of this and respond properly.

 

Wait for a proper response letter from Halifax.

 

I agree, the penny has finally dropped so a little back peddling is going on.

 

Lets hope that this is the beginning of the end.....

[perplexedofdorset]

the beginning of the end.

 

oooohhh, that would make nice chapter title!!!!

fingers crossed!

[perplexedofdorset]

UPDATE*****UPDATE*****UPDATE*****UPDATE*****UPDATE*****

 

ok guys, we have just had a letter from the halifax, (from HBOS Lovell rd ????) thanking my oh for his complaint, but basically throwing it out!

i cant go into details at present, though i will when i have some free time, but basically they are saying that although the halifax signed up for the cml thing about 6 years, because the mortgage statute barred thing is 12 years and my oh last made a payment in 2000, it is clearly within the guidelines and yes, you've guessed it..they're going to pursue! got to go.

[sillygirl1]

You now have grounds for a complaint to the Financial Services Ombudsman, the Financial Services Authority, the OFT, Trading Standards, the Banking Ombudsman and anyone else you can think of.

 

Completely unresonable behaviour, if this got to court they wouldn't have a leg to stand on.

[perplexedofdorset]

i will get back to you all with details of what has been said...but suffice to say I'm a bag of nerves once again....it seems all is back to square oner!

[Bazooka Boo]

What a total circus outfit they run! They just never know when to shut up and move on do they....

[Ell-enn]

If the debt is statute barred they can pursue it for eternity if they like, but they can't take you to court for it.

[perplexedofdorset]

OK guys, here goes!

 

The letter we received from the Halifax Mortgage repossesions dept, was dated 19th October, so it seems our ' complaint ' which was acknowledged to us on the 11th Oct has been dealt with extremely quickly as in this letter, we are told that the person wriing to us is

sorry to learn of (my OH's) dissatisfaction with the Halifax and assures (my OH) they take all complaints received seriously and that they aim to provide an excellent standard of service at all times

This is the first paragraph.

 

The second paragraph states that they understand (my OH) is unhappy because he

disputes ever making payment to the shortfall outstanding[/B ]and has doubts the H are entitled to pursue him for the outstanding debt as he

believes that under the CML rules the H is not entitled to chase any debt after 6 years.

That is the second paragraph.

 

In the third paragraph and I quote it in its entirety...

H is a member of the CML and has signed up to abide by the voluntary agreement not to pursue debtors where debt recovery action has not commenced within 6 years of the sale of the property.

they then refer us to information taken directly from the CML website, specifically the section 'does this time limit apply to every case' and then says that

the voluntary agreement does not affect anyone...(gap Why???)...who has already been contacted by the lender'

they then say that as (my OH) clearly falls within this category, as H instructed agents with whom (my OH) entered into a payment arrangement in 1996

and therefore the H is within its rights to continue to hold you liable for the outstanding shortfall as well as to seek to recover its loss

 

this is sounding scary guys! and we are only at the end of paragraph 4 of 9!!!!

 

Paragraph 5 refers to the payments they allege my OH made, the last being received in July 2000.. they say that a mortgage lender has a period of 12 years from the last acknowledgement of a debt to continue to pursue for the shortfall and that a payment constitutes an acknowledgement and therefore the H is inside limitation.

He also notes from the file that (my OH) contacted our appointed representatives CIS email in November 2001 and February 2002 and then by letter in via our agents in June 2004 offering full and final settlement of £1000.00 which was declined (that must have been the unsigned letter they sent a copy of to us)

He also states that the letter, like the payments act as acknowledgement of the debt and therefore the H has until June 2016 to continue to pursue my OH

There ends paragraph the fifth.

 

in the 6th paragraph he notes (my OH's) request for proof of where the payments came from and states that my Oh set up a standing order in 1996 to make monthly payments to their agents Direct Legal & Collections.He says they have information about various conversations that took place between (my OH) and DL&C and he is therefore satisfied that our records are accurate and that (myOH) did make the payments to us

 

in the 7th paragraph he advises my OH that he is not in a position to uphold your complaint.and that now he has fully explained the situation my OH can understand why not.

 

Paragraph the 8th confirms S's as being instructed in this matter for the H and that they will have receive a copy of this letter to make them aware of the situation and that he is sure they will contact in due course to obtain proposals for making payment towards the shortfall

yeah, the immediate image I have is of vultures circling in the sky.

 

The last paragraph refers my OH to the leaflet received with the last letter, 'How to Complain' and says that should any of (my OH's) concerns remain unresolved to let him know what (my OH) would like him to do

alright, alright now; form an orderly queue please, there'll be plenty of time for all of your suggestions, nice and orderly... there you go..

to put matters right phew! back on track!

they are, apparently keen to resolve (myOH's) concerns and if we are unable to do so, they will provide (my OH) with details of the Financial Ombudsman for help

 

Ok guys, that's it!

 

I'm scared. I'm exhausted and tired and sick of worrying about everything all the time and this is not quite how I had hoped the next chapter would start.

less

the beginning of the end.

more

we will continue to pursue you

 

over to you......

Edited October 24, 2011 by perplexedofdorset