SD being served for 1991 mortgage shortfall subject to CCJ in mar 05 - help

[warwickbuilder]

hi,

my wife had a debt from a joint mortgage registered against her at county court for £14k in march 05,

 

paid first payment of £6 on 8,4,05 she made 5 further payments totalling £50

 

last payment date 27-3-07.

 

I must add the house was repossessed in 1991 yes 1991.

 

since march 07 she hadn't heard anything then,

 

today she received this letter from a,s,h saying they are going to serve some bankruptcy papers on her,

 

any advice would be appreciated

[dx100uk]

can you pdf the attachment please

[sequenci]

Hello there. Does you wife have any assets (e.g. does she have an interest in a property these days?). Also can I just confirm that the mortgage shortfall is subject to a CCJ?

[warwickbuilder]

hi,

yes was due to a shortfall covered the mortgage but, not the £14k costs!

 

im hoping to post the pdf as asked before # she has no assets

 

car house in my name

 

but her mum left here a bit which is being moved.

Edited September 6, 2013 by warwickbuilder

[warwickbuilder]

yes was subject to ccj, she checked her Experian last night doesn't show anything

[GlasowGuy]

are you moving cash or assets before she may be made bankrupt?

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[warwickbuilder]

letter from a,s,h

[dx100uk]

moved to legal forum.

 

not sure they can do this.

 

whats this costs of 14k you mention

 

tell us the story please

 

dx

[unclebulgaria67]

How long does a CCJ allow for enforcement of a property debt ?

 

I thought that limitations allowed 6 years from the last date of payment or acknowledgement since the CCJ was granted.

 

If the last payment was made 27/3/07,

 

can the limitations act be used to prevent bankruptcy in August 2013?

[sequenci]

They're not looking to enforce the CCJ, though, they're looking to seek a bankruptcy order. They'll have 12 years from either the cause of action or the last acknwoldgement/payment (if later) to do that, right?

[sequenci]

For the record, if she has no assets I would honestly imagine all this is simply scare tactics.

[warwickbuilder]

we had a joint mortgage in 89

repo in91 the house sold and covered the mortgage but not the 14000 charges,

 

I went bankrupt due to another company folding up owing us over 30k,

 

after 14 yrs my wife had lots of calls letters and visits to the house we moved to,

 

one of the company's took her to the local county court

they made an order to pay £3 pm

she made a few payments into the bank with the book they sent,

 

we still have the book showing the dates/amounts

 

we didn't hear anymore until this week when we got this letter,

 

a guy called round on Monday asked for my wife,

daughter said she was at work he left a note on the back of an envelope to call Jason with 2 numbers wrote on it,

 

my wife said to phone as she didn't know a Jason,

the number was fairclough and partners,

 

I enquired why they called they said re my wife's name,

when I said she didn't live here he of course replied the girl said shes at work,

 

a couple of days later the letter came which I posted above,

 

this is the only communication weve had,

 

the mortgage was with London and Manchester the payment book was made out to friends provident

[warwickbuilder]

the house is in my name also the car,

 

her mum left her a few bob which is being moved as she was holding it in trust for our daughter,

 

the letter says they will be round to serve the papers or, leave them somewhere

 

my wife leaves at 630 doesn't get back 7pm,

 

I didn't know to have a couple hours of work wait in and tell them shes not at this address,

 

I looked through the letter the is an error on it!

[dx100uk]

two things spring to mind.

 

one IF they can do this [if 12yrs limitations apply]

 

then you can also surely counter by reclaiming all the PENALTY charges

 

me thinks they cant

 

i'll guess the 'charges' can't be deemed as a shortfall

 

and the mortgage lending council have this 6yrs 'limit' agreement about shortfalls

 

and I don't think even if its to do with a mortgage shortfall, the 12yrs applies to a CCJ.

 

i'm sure sequenci will outline further or correct me

 

dx

[warwickbuilder]

thanx

[theoldrouge]

if a ccj is already held there is no limitation period on the time that you can be made bankrupt,

 

however you say the house was repossesed in 1991 and the ccj was obtained in 2005 after 14 years with no contact,

 

so in theory you may be able to get the ccj set aside as it was obtained outside of the limitation period [12 years for capital, 6 years for charges and interest]

others may know if this is possible

[warwickbuilder]

Thanx for the help

 

my wife is going to the cc in the morning to see what form she needs to fill in,

 

I take it the paperwork this guy says he is going to serve will be in my wife's name and London + Manchester/friends provident also,

 

he states in the note that if he doesn't see her he will leave paperwork somewhere is this the correct way to do it,

 

im thinking of sitting over the road for a couple of hours make sure this guy doesn't do anything untoward like tape a letter in large red print on the door, as a bailiff once did.

 

ill still not give an address for her!

[unclebulgaria67]

Thanx for the help my wife is going to the cc in the morning to see what form she needs to fill in, I take it the paperwork this guy says he is going to serve will be in my wife's name and London + Manchester/friends provident also, he states in the note that if he doesn't see her he will leave paperwork somewhere is this the correct way to do it, im thinking of sitting over the road for a couple of hours make sure this guy doesn't do anything untoward like tape a letter in large red print on the door, as a bailiff once did. ill still not give an address for her!

 

She would need to have the SD in her hand before she could complete the set aside form for the CC.

The set aside is in response to what they have put on the SD form.

 

While you are waiting for the SD,

I would suggest that have a look through what paperwork that you currently have and then make a request to the mortage company for anything missing by way of an SAR.

 

You need to start researching the law on them pursuing the mortgage debt more than 6 year after a payments towards a CCJ.

 

If the mortgage was paid off from the proceeds of the sale of the house, is the remaining debt for the various charges considered a property debt.

 

If it considered to be a standard debt and not property/mortgage related,

then it may be argued that the debt is subject to the limitation act and cannot be subject to bankruptcy.

 

You would need to obtain formal legal advice from a Solicitors.

[warwickbuilder]

thats great thankyou, the debt was to cover the 14000 fees and sale of the property

 

she will now be sending a sar to London and Manchester instead of going to the cc.

 

many thanx the information received has been a great help

[citizenB]

If you are going to be sending a Subject Access Request, the one below specifically for Mortgage shortfalls might help.

 

 

Your Address

 

By recorded delivery

 

Date:

 

Lender’s address

 

 

 

 

 

Subject access request

 

 

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

Specific details of the handling of the marketing and sale of the property after possession:

 

1. Details of the agent(s) responsible for marketing the property, a list of the offers received and how they were reviewed.

 

2. Copies of any newspaper or internet advertisements relating to the sale of the property.

 

3. Copies of the valuations received on the property (minimum of two is required under the CML rules).

 

4. Selling agent’s report on activity and any reports relating to visits to the property to ensure security of the property.

 

5. If the property was sold under value please provide reports and supporting evidence to prove that the best offer was obtained.

 

6. If the property was sold at auction, please provide reports to support the decision to sell at auction.

 

7. Specific details of the fees or charges levied by any other agency in respect of this account and a detailed breakdown of said fees or charges and what each charge relates to and on what date said fees or charges were levied.

 

8. A genuine copy of any notice of fair use of my data as required by the Data Protection act 1978.

 

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.

 

Yours faithfully,

 

XXXXXXXXXXXX

 

 

 

Enc. Statutory fee £10 – postal order number:

 

[warwickbuilder]

Nice one many thanx

[Surfer01]

Isn't the debt now statue barred as it has passed the 6 years as the debt relates to charges and not the mortgage?

[unclebulgaria67]

Isn't the debt now statue barred as it has passed the 6 years as the debt relates to charges and not the mortgage?

 

This is where the OP will need to get advice from Solicitors.

 

Was the debt already statute barred before the CCJ was obtained presumably by default ?

 

6 years has now passed since the last payment was made towards the CCJ.

 

I am not sure how these arguments would be tested in a SD set aside hearing.

 

Think a Judge could tell the claimants that applying for bankruptcy is not the correct way forward and allow the set aside.

 

That is my amateur view, hence advice to seek formal legal advice.

[theoldrouge]

I would also suggest you have a read of the following National Debtline Factsheets to give you a greater understanding of your situation

- Factsheet 11, Mortgage Shortfalls, Factsheet 25, Liability for Debts and the Limitation Act, and

 

Factsheet 36, Dealing with a Statutory Demand.

 

Was it the Original Creditor [Friends Provident] who obtained the CCJ?

 

imo this debt may well have been sold recently for a few pence to the bottom of the food chain who now fancy a quick profit cant see the oc still pursuing this