Enact want £30,000 - Mortgage shortfall

[Jam_Buttie]

Brief outline.

 

Friend has been hiding fom debt for a few years ago, but it is all slowly catching him up.

 

I have managed to set up a few payment plans for the smaller debts - phone contract, catalogues, door step loans etc. All under SB and are getting £1.00 per month.

 

They rec'd a letter from Enact Direct Legal Solutions who are chasing him for £30,000 for a mortgage shortfall.

 

They have no knowledge of this as he has never lived at the property in question. Yet they are saying he was joint owner and/or guarantor.

 

Sent them the "prove it" letter and they have responded with a letter showing a breakdown of costs:

 

Original mortgage, interest, costs etc, plus the sale price. Which left the £30,000 shortfall.

 

Just wondering where to go with this?

[reallymadwoman]

But have they supplied any proof that he was liable for the mortgage?

[cerberusalert]

If the mortgage company is a member of CML they have signed up to a code of practice where they promised not to chase a shortfall after six years, see; http://www.consumeractiongroup.co.uk/forum/showthread.php?147135-CML-Code-of-Conduct-and-the-6-year-rule-for-mortgage-shortfalls

[gerson]

Hi Jam_buttie,

 

Ask for proof, i.e. that his name appears on the mortgage application (CCA request?)

 

 

G

[Jam_Buttie]

They have not supplied proof showing liability apart from a Statement of Account on their headed paper - which anyone could do to be honest.

 

Sale date was 2012 apparently.

[42man]

So did he act as a guarantor ?

[Jam_Buttie]

He remember his mum asking him to sign something but that was it really.

[reallymadwoman]

He remember his mum asking him to sign something but that was it really.

 

And did his Mum live at the address they've given? If so, how long ago?

[Jam_Buttie]

Yes his mum lived there a few years ago (Will find out exact years this weekend)

 

He doesnt really remember signing up for a mortgage or remortgage. Just wondering if aa CCA request would be good to send? Already sent the "prove it" letter and this is what they sent back:

 

[Jam_Buttie]

Also, why isnt the "sale" from 2010 showing on sites such as Zoopla etc..?

[Jam_Buttie]

Posted this in the DCA section before spotting this section.

 

so here's a link to my other thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?372870-Enact-want-£30-000-for-mortgage-shortfall...(4-Viewing)-nbsp

 

Guidance required please, thanks

[unclebulgaria67]

Also, why isnt the "sale" from 2010 showing on sites such as Zoopla etc..?

 

He does not know if his mum had her house repossessed ? Are they now estranged or did she pass away ?

[Bandit127]

I have asked the site team to merge your threads.

[Jam_Buttie]

They don't get on much.

She's strange

It was reposessed,

[Jam_Buttie]

ok, cheers.

[citizenB]

Two threads merged as requested

[citizenB]

You might need to send a Subject Access Request for all data in connection with this shortfall. It will cost you £10.00 - they have 40 calendar days to respond. There is a draft letter in the CAG library

[Bandit127]

OK. On the face of it they have provided proof of the sums owing.

 

They have not provided proof of their legal right to collect them.

 

I would get your friend to send a formal complaint that they have not complied with his/her request (the prove it letter) with any evidence that he/she is legally liable to pay this debt. The account is in dispute until such time as they provide a legible copy of the deed or contract that established liability, along with the terms and conditions thereof. Your friend also requires a Statement of Account, from inception, showing how the default sum accrued.

[Jam_Buttie]

Statement of Account is here:

 

 

This was their response to the "Prove it" letter:

 

[Bandit127]

There are two cornerstones to the legitimacy of someone claiming money from anybody else.

 

One is that the sum is correct.

 

Two is that they have the right to claim it.

 

The completely ignored two.

 

Get your friend on the case (post #18)... It could be the omission was deliberate.

[Jam_Buttie]

Is there a follow up letter for the Prove It letter when they don't send any proof?

 

Or will the standard one for a CCA dispute do?

[unclebulgaria67]

Given the amount of the Mortgage loan, I am surprised that he did not ask his Mum to explain the purpose of signing the mortgage agreement. Plus the Mortgage company would have asked for his financial information e.g details of employment/financial status, to make sure he could step in as guarantor if required.

 

If there is any issue of the Mortgage company not acting in a diligent way when dealing with the mortgage application, then there may be a get out opportunity. So making an SAR request is good advice. Once he has the SAR info, I would suggest that he examines every detail to see on what basis he can make a complaint to the FOS. Once there is a live complaint ongoing with the FOS, it will stop the Mortgage company and the DCA continuing collection activity, giving many months of peace, during which he might want to investigate the matter further.

[unclebulgaria67]

Send them a CCA request in the meantime and perhaps add a not saying that he does not recall ever agreeing to be party to the Mortgage in question.

[reallymadwoman]

Totally agree about a SAR request to the original creditor, not the debt collectors.

 

Re proving the debt is his, I doubt there's a follow up to the prove it letter, but a straight forward request for proof that he is liable for the debt would be fine. You could include that he has never lived at that property and has no knowledge of any alleged debt.

[Jam_Buttie]

CCA req sent..