Bank of Scotland Shortfall- being chased by Drydensfairfax. Is it legit?

[definition]

Property was mortgaged in my sole name via Bank of Scotland. Account taken out in 2006.

 

Was repossessed in 2009 following my redundancy in late 2008 and failure to pay.

 

I had already left the property and wasn't involved with any of the process to repossess at the time.

I didn't hear anything regarding the sale and subsequent shortfall until a letter from Henderson Booth & Snell (debt recovery agents)

acting on behalf of Bank of Scotland on 27th November 2012.

 

They stated the shortfall to be £26,XXX and offered the me the opportunity to pay a full and final settlement amount of £9,XXX

or alternatively they would limit my personal liability to 50% of the original amount if I paid £50/month.

 

Shaken that it was a large amount of money that had finally caught up with me,

I filled in the standing order form and duly paid £50 per month every month from January 2013

onwards in order to limit my responsibility to ~£13,000.

 

On 24th July I received a cover letter from Bank of Scotland telling me that they had withdrawn my account from Henderson Booth & Snell

and passed it to Drydensfairfax.

 

The accompanying letter from Drydensfairfax states I owe £25,XXX and as I have been making payments

they consider the account not to be in dispute.

They are asking me to make a repayment offer.

 

Today I've received a follow up letter from drydens headed 'Notice of Recovery Action' giving me a final opportnuity to respond.

 

I don't know what to do next and how to respond?

 

I cancelled my standing order to Henderson Booth & Snell as soon as I received the letter, so my final payment to them was 12th July.

I calculate that I paid £950 to them between January 2013 and July 2014.

 

I've checked my credit report and my account with Bank of Scotland is showing as closed and 'satisfied' in May 2010

(one month after the property was sold at auction in April 2010).

No other mention of this on my credit report at all under any other ownership.

 

Having received the second letter from Drydens

I am now extremely sceptical as to whether the first letter did originate from Bank of Scotland

as both letters sent to me have the same return address, bar codes and font style used.

 

The Bank of Scotland logo is faint and looks scanned in.

The only information communicated on the Bank of Scotland page is my mortgage account number

and balance owed.

 

Are Drydens trying it on here???

 

The Bank of Scotland letter uses a PO Box 66, Rosyth, KY11 2WG address and the name on it is Paul Cameron.

 

If my account is showing as 'satisfied' on my credit file, do I have to do anything?

 

Thanks for reading.

[dx100uk]

look like you got had in the first place by HB&S

if they were offering such a HUGE discount

did this not alert you to something being a bit 'strange'?

 

is there any record of your payments ACTUALLY making their way through to HBOS

by way of statements from them?

 

something smells here.

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?427611-Drydens-for-halifax-chasing-old-shortfall-from-1999&highlight=shortfall+Dryden

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428630-Drydensfairfax-amp-Bank-of-Scotland-(Halifax)&highlight=shortfall+dryden

[definition]

Yes, I was definitely had by HB&S,

something I'm not exactly thrilled about but could write off in my head

if it turns out that BOS have already written this off and the debt collectors are chancing it!

 

I'm sensing some link between HB&S and Drydensfairfax here.

 

The more I look at the first letter supposedly from BOS introducing me to drydensfairfax,

the more I'm convinced it didn't originate from BOS at all.

 

It's worth pointing out that I have never received any correspondence directly from BOS

- demands, statements, notice of assignments, nothing!

 

I know I was stupid to pay HB&S but what's my next move?

A prove it letter to drydensfairfax?

 

I'm reluctant to send an SAR to BOS as I've had no contact with them at all and don't want to prompt them doing anything.

[dx100uk]

me thinks you've been had.

 

were HBOS aware of your new address?

 

who, in their letters

were HB&S's 'client'

 

you should of been receiving better than yearly statements too.

 

it is quite 'legal' for a notice of assignment letter

to be sent 'on behalf of' the OC if the debt is sold.

 

however, one questions the legality if the OC has never written to you DIRECTLY about the shortfall.

 

dx

[dx100uk]

go read those other threads too.

 

 

dx

[definition]

Thanks, have read the other threads.

 

I have 2 searches on my credit file, both conducted on the same date in Jan 2014 described as 'Admin reviews'.

One recorded as 'Bank of Scotland Plc (Sr, Sa, Tac) HBOS'

one recorded as 'Bank of Scotland Plc (Sr, Sa, Tac) HBOS Mortgage Recoveries (HendersonBoothsnell)'

 

Assuming HBS where acting on behalf of BOS (as they claimed)

then BOS had the opportunity to write to me and chose not to (as HBS had my address).

 

Presumably if those credit searches are BOS then again, they've got my correct details and not contacted me.

They haven't contacted me at my last known address prior to purchasing the property that was repossessed,

which was my parents address used on my original mortgage application.

 

The last shown amount in default on my credit file before the account was marked as 'satisfied' was £20,XXX.

 

I originally purchased the property for £146,XXX with a mortgage of £131,XXX.

My last known statement had a balance of £129,XXX.

They apparently sold the house for £122,XXX although I only know this figure due to it being mentioned on the drydensfairfax letter.

 

So, should I acknowledge drydensfairfax denying liability and ask them to prove it???

[dx100uk]

so it 'looks' like HB&S were acting OBO of BOS

 

so that will be deemed as contact by the OC.

 

so the shortfall was about £7k not the £9k even after this 'discount'

 

time for an sar to HBOS me thinks before you do anything further

 

dx

[definition]

I suppose what I don't understand is why BOS would mark my account as satisfied in May 2010

and then have HB&S contact me in Nov 2012?

 

At no point did HB&S say they had purchased the debt from BOS,

just they were acting on their behalf.

 

Same with drydensfairfax, albeit with a dodgy intro letter proporting to be BOS.

 

I'm surmising that the difference between what I originally borrowed and what it sold for was £7k,

but the last amount shown on my credit file just after the sale of the property was £20k,

it was then immediately marked as satisfied.

 

I expect the difference to be made up of mortgage arrears, interest, charges and fees associated with the sale.

Either way, the figures claimed by the 2 debt collection firms were £26k???

 

If BOS did write it off and mark it as 'satisfied'

am I opening up a can of worms by sending the SAR

or will they just reply with the facts and treat is as satisfied?

 

Presumably if I send the SAR to BOS I am ok ignoring drydensfairfax in the meantime?

 

Thanks- really appreciate your help so far!

[dx100uk]

its a game of chess.

 

information is they key here mind.

 

like you. i'd surmise the £7k was PPI/insurance/arrears fees/ etc etc

 

which is why an sar wuld prove very useful.

 

I doubt it would alert anyone to anything

 

as its a legal document & your right to request one

 

dx

[definition]

Thanks, I will send off for the SAR today and report what comes back.