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    • no DCA is a bailiff end of neither do they have any legal powers whatsoever. i would write to everyone simply giving your current abroad address , inc proof of residency. that will stop all threats going to anywhere else.  
    • Thanks for your prompt reply. I have some questions, please: When you say nothing will happen, my 80 year-old mother is worried about potential DCA doorsteppers if/when the debts are sold on - she is a very sweet, quite vulnerable lady and she is worried she may be bullied and harrassed.  If they do come knocking, what should she say?  I told her to say she knows nothing about any of it and they have no right to come knocking on her door and to warn them police will be informed if they come back.  Problem is, I don't think she would be strong enough and can easily be bullied into saying more than she intended once the door has been answered. Next questions: 1)  Should I inform all my lenders that I have moved abroad before defaulting (to avoid the quirky English law loophole thingy that could end up in a CCJ or worse once a DCA gets hold of it)?  2)  Can/should I provide an alternative UK correspondence address to my lenders instead of my mother's home address e.g. my virtual office address for my business - would the lenders accept this as I live abroad now and don't live at my mother's address?  Can I just write and tell them, without any further ado and not get into any further questions about it and cease further correspondence with them and default?  And would this stop DCAs coming to my mother's house as it would not be my current residential address on the lenders files when passed to the DCA?  Do they doorstep previous addresses? 3)  If I don't provide a UK correspondence address will I be at risk of not being aware of any Letters of Claim etc and legal proceedings notices etc not reaching me (there's no reliable postal system in the developing country I've moved to).  Worried this would mean I could end up being taken to court without being aware of it and could end up in a worse situation. 2) What exactly will go on my credit file once I've defaulted, assuming no legal action is taken against me?    4) Should I contact any of my lenders and inform them I have zero assets.  TSB & Sainsburys already have I&E info from me which shows my income  @ £1200/mth is below the combined total of my debt repayments @ £1300/mth and that my income only just covers essential costs of living @ £1200/mth.  Could it be useful to be on my file that I have no assets, so that the DCA clearly see this when the debt is passed to them? Thanks again for any advice.
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    • paypal, but i would like to know if anyone knows if there is a certain time limit they have to refund you? thanks
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Outstanding amount after reposession


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After a nasty split from partner, The house was repossessed and sold which left 20k outstanding and a secured loan. The mortgage company have contacted me I am now in scotland and are chasing me for the outstanding, it was a joint buy. What can i do, I have tried talking to scottish lawyers they say i need to speak to english lawyers as different law. that is difficult now. Any advice would be welcome, I tried months ago to sort this out but the mortgage company ignored my letters. I am desperate to do something as the thought of all this is making me ill. I have no home, no money, no job so not sure what I can do. I would be grateful for any advise.

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Which lender was it? This is the problem with repos and secured loans. The outstanding amount is usually far more than anyone expects. If the repo sale price is poor the gap between that and what is owed can be enormous. Did you have PPI on the loan? We're there unfair charges in excess of monthly arrears charges? Did the lender check the loan was affordable? These are avenues you could investigate. CAB or (make sure you get the correct organisations not those dmcs that try and copy their names on the web) may be able to help you. Send info to [email protected] if you have time, he is looking at how new FCA will regulate.

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ThanksSweet Jane, I have no information on what has happened to the loan the mortgage company must have unsecured it, not heard from them, the amount added is the amount added was in excess of 12k above the mortgage, they accepted a ridiculous price for the property, far below the market value. I am having trouble as this property is in england and i am in scotland and I am dealing with a different law system here, no one want s to help.

 

I could contact CAB in england i suppose, but i do not have any funds to offer them so not sure what they can do.

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Sadly, since it was a joint mortgage you are "joint and severally liable" with your partner. This means you must view the shortfall as yours to deal with. The secured loan is now an unsecured debt (since the security has been sold). Are you paying on that?

 

I will post some links below that have some background reading. You have right to be dealt with fairly during the repossession and sale. You also have the right to the information you need to check that they were fair.

http://www.stgenix.co.uk/stop-repossession/after-repossession-your-duties/

http://www.cml.org.uk/cml/policy/guidance

 

Have a look through the National Debtline sample letters. Two that look immediately useful are:

Mortgage shortfalls: Breakdown of balance owed and

Mortgage shortfalls: Please write off the debt.

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

 

I would start by asking them to write the debt off as you are in no position to pay. If they refuse, appeal their decision. If they still refuse, offer £1 a month and start digging to make sure they have treated you fairly.

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How long ago was the house repossessed?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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