old Woolwich/Brclays/CIS Mortgage shortfall after handing keys back - Company say no paperwork available

[AndyOrch]

But if there was a shortfall on repossession....then there is an outstanding balance somewhere...dont take what Barclays stated for gospel ...the assistant may have been viewing either a wrote off statement which may have been assigned.

 

Get all possible infor before moving into attack Chele73

 

Andy

[Chele73]

Hi,

I have received a letter from Barclays which states

"this letter is to confirm that the Woolwich are no longer pursuing this matter

& our records indicate that this matter was passed to Counselling Intermediary Services Ltd to recover in December 2000".

 

I did make payments to this company but I am unable to find anything from them

that tells me the debt was passed to DLC or Hillseden!

CIS Ltd don't seem to be in business any longer.

 

I have finally received a statement from DLC with regards to the outstanding balance,

they are saying I still owe £9,948,

they state the original balance was £20,962.30 & the client is the Woolwich.

 

The Woolwich/Barclays confirmed that the shortfall was £13,729.80.

I have requested all my bank statements from Dec 2000 to 2007 as 2007 was when DLC took over

to try & work out what how much I paid to CIS.

 

I have paid DLC just over £11,000.

I hope this makes sense &

 

any advice on where I go from here would be great,

 

 

thank you.

[unclebulgaria67]

I don't think you can do much properly until you get all the info back from Barclays/Woolwich from your SAR.

 

I think you could stop payments to Hilsden and advise them you are currently investigating the matter, as you have serious concerns regarding the account, which you will be taking forward in due course.

 

Councelling Intermediary Services Ltd, don't appear to have been involved in debt collection or buying debts. If they had been, i would expect any Google search to show results of other forum posts. I searched twice and no such results.

[unclebulgaria67]

Actually searching for Woolwich Building Society Councelling intermediary Services brings up 3 forum results, where people had paid CIS from early 2000's to about 2006, when Hilsden took over. You would think that if they were involved with many cases, that there would be loads of cases.

 

If Hildens ever start to harass you, send them a letter asking them to prove they are the legal owner of the debt.

[Chele73]

Thank you for looking,

 

I think Hillesden & DLC are the same company.

 

I'm really at a loss as where to go from here

I called DLC & said that Woolwich confirmed the shortfall was only £13,729

so where did they get the balance of £20,962 from

they got really arsey & said oh maybe a mistake was made!!

 

! I hung up in the end because she was no help what's so ever

& I just said I would put it in writing to them.

 

With a SAR is it the original credit agreement they have to provide

because DLC has supplied me with a photocopy of the mortgage application with Woolwich & details of the shortfall figure,

 

should they not provide me with details of when & how they acquired this debt?

Sorry for all the questions!

Thank you again.

[AndyOrch]

You should be searching/researching for a Notice of Assignment ...this will detail the amount of the debt assigned and whether they are legally entitled to collect.

 

The relevant legislation ... Law and Property Act 1925 Section 136(1)

 

Regards

 

Andy

[unclebulgaria67]

Thank you for looking, I think Hillesden & DLC are the same company. I'm really at a loss as where to go from here I called DLC & said that Woolwich confirmed the shortfall was only £13,729 so where did they get the balance of £20,962 from they got really arsey & said oh maybe a mistake was made!!! I hung up in the end because she was no help what's so ever & I just said I would put it in writing to them. With a SAR is it the original credit agreement they have to provide because DLC has supplied me with a photocopy of the mortgage application with Woolwich & details of the shortfall figure, should they not provide me with details of when & how they acquired this debt? Sorry for all the questions! Thank you again.

 

In your situation i would start making the requests for information and see what comes back.

 

SAR to Woolwich

SAR to Hilsdens, plus letter asking for full statements of account and evidence they have legally been assigned the debt under Law of Property per Andys comment.

 

I suspect that Barclays only confirmed the shortfall and not all the other charges that were added e.g sale fees, legal fees. Until you get all the info, you won't know the true position.

[Chele73]

Thank you both , I have already sent a SAR to Woolwich they only replied with the letter I advised you of. I will now send one to Hillesden / DLC do I enclose a postal order of £10?.

[unclebulgaria67]

Thank you both , I have already sent a SAR to Woolwich they only replied with the letter I advised you of. I will now send one to Hillesden / DLC do I enclose a postal order of £10?.

 

The SAR must be a complete file of the mortgage file information, not just a letter,bso go back to them.

 

Yes you need to send £10 admin fee with SARs and postal order may be best.

[Chele73]

Hi all I have finally received some info back regarding this

just need a little advice in where to go now please?

 

Barclay say they confirm the ownership of the shortfall was transferred to Counselling Intermediary Services in Dec 2000

& can confirm payments of £1240.00 made to them

& now due to passage of time & that the possession proceedings were completed prior to Barclays ownership of the Woolwich they are unable to provide any further info.

 

DLC have replied saying the remaining balance is £9948,

balance at assignment was £20963 dated Dec 2003!

 

They confirm they have no credit agreement & have requested this from Barclays so have again sent me a copy of the mortgage application form & acceptance offer, included with this are details of the sale which very clearly states loss to the Woolwich is £13729!

 

This breaks down all the costs of solicitors fees, asset managers fees, agent fees relating to the sale after repossession.

 

Sorry for such a long winded post,

 

I am unsure what I should go back to DLC with as the figures don't add up,

I have made payments if just over £11000 to DLC once again thank you!

Edited July 12, 2016 by Chele73

[dx100uk]

God I hope you did stop payments....

 

Looks like you've been had blind

 

So dlc responded with all the paperwork and statements from the date it was sold?

[Chele73]

Hi yes I haven't made a payment since April. They have sent me copies of the mortgage application & copies of the details from the sale Which states the loss to the Woolwich but they have stated they have no credit agreement which they have requested from Barclays.

Do they have to provide me of how they obtained this debt?

Thank you.

[unclebulgaria67]

I think you should inform DLC in writing that you are unable to progress matters

or make any further payments, due to the lack of any satisfactory information.

 

 

Advise that unless they can provide satisfactory information about the account,

including full statements of account,

a full breakdown of any debt remaining and

a copy of the original Woolwich credit agreement,

that you will not be communicating with them further.

 

 

Advise that in accordance with FCA Debt collection guidance that applies to them,

that they should cease chasing the account,

until they have provided the information being requested.

[Chele73]

Hi I have an update on this but it's not great news,

the Financial Ombubsman have said that DLC are in the right to collect this as it was sold to them by CIS.

I am still querying the amount as the Woolwich confirm the loss to them was just under £14000 but DLC say the debt came to them at £22000.

 

The Financial Ombudsman have told me that CIS was not regulated at the time of the sale & are no longer in business but they are going to put this in writing to me with some advice on where I can try & find more info regarding CIS!

This was yesterday I had this conversation &

 

 

since then I have had 4 calls from a company called Ascent call g me on behalf of DLC

I advised them this was being looked at by the Ombubsman & they have asked me to email them all the details,

 

 

sorry for the long winded post but I'm not sure I should send them anything,

DLC have not informed me they have passed this in to anyone.

Can anyone advise where I should go from here?

Thank you!

[unclebulgaria67]

That does not make any sense. I suspect that you have been dealing with an FOS complaint handler, rather than the actual Ombudsman. You can object to this initial decision and ask that it is escalated to the Ombudsman for their decision. Just because one company sells a debt at a given amount, does not mean that the debt is actually due or if it is due that the amount is correct.

 

Make sure your complaint goes to the actual Ombudsmam and until you have had a final decision do nothing else i.e no contact with anyone chasing this.

[dx100uk]

stop talking on the phone

ascent are a powerless DCA not bailiffs

and have

no legal powers whatsoever.

 

 

dx