very old B+B mortgage shortfall CCJ - order to attend court - help!

[divadeb]

I've just found a letter dated 2013 and there is no mention of a CCJ. As I can't scan I will send a photo of the letter to the email address for the group.

[AndyOrch]

No need to email just upload the photo as an attachment

[dx100uk]

doesn't know how to redact 2 mins.

 

 

dx

[dx100uk]

here is the letter

[dx100uk]

and in 2002 B+B made a big discount offer of settle for £15k

[divadeb]

Morning, received a letter yesterday from B&B. Basically says a member of the customer relations team will contact me shortly. They have 8 weeks to resolve my complaint and issue a final response. There is no mention of the CCJ they said they hold and how can they investigate my complaint when I never told them in my letter what I was complaining about !!!! All help appreciated guys.

[dx100uk]

They don't say anywhere they hold a CCJ where has this come from?

[divadeb]

I will re-word what I just wrote ...... When I sent them a letter I asked them for proof of the CCJ they hold on me and my ex, as I have tried to find the CCJ that might have been attatchment to our previous address's and could not find anything relating to B&B.

In the letter I got yesterday all they have mentioned is the several complaints I said I was going to make. They never put anything in the letter regarding the CCJ I asked about.

[dx100uk]

How do you know they have a CCJ??

Nothing they have ever sent ever mentioned one?

[divadeb]

They keep telling me that they will enforce the judgement they hold if I don't respond to the letters they sent me and fill in the income and expenditure form.

[dx100uk]

But they have never mentioned what the judgement is

 

Prob they did

Prob sent it to the address they repo'd on purpose

To get a default judgement

 

But we don't know

[AndyOrch]

Surely if this was mortgage then it was secured anyway by a charge...so there would be no requirement for a CCJ ?

 

Posting this again ...as no response last time?

[divadeb]

Andyorch can you explain your last post about a charge, don't know what you mean. Thanks.

[AndyOrch]

Mortgages and second mortgages are secured on the property initially at the time the loan is agreed...therefore they do not need to have a CCJ

[dx100uk]

but the property was repo'd?

so becomes a shortfall?

[AndyOrch]

but the property was repo'd?

so becomes a shortfall?

 

Makes no odds the shortfall is secured by the initial agreement/charge

[theoldrouge]

From what I can read from the SAR

It looks like legal action was authorised around Nov 2003

Should this be so

But this raises more questions than ever

Repo 1995? Shortfall 23k approx became 43k by this time

Outside of 6 years for claiming interest.Capital only

Could be reason for discount offer?

[theoldrouge]

From the SAR last legal action was oral exam apr2009 to enforce "judgement "

[divadeb]

So what position does this leave me in.......good or bad? I'm now slightly concerned they will apply for AOE.

[dx100uk]

they cant even if the 'A CCJ' exists

they've had 6yrs to enforce it and they haven't.

 

pers I think they are talking total BS as I have from day one.

 

dx

[theoldrouge]

they cant even if the 'A CCJ' exists

they've had 6yrs to enforce it and they haven't.

 

pers I think they are talking total BS as I have from day one.

 

dx

 

Agreed don't think the right hand has a clue what the left hand is doing

[divadeb]

As I haven't yet written my letter of complaint, I think I should get on with it otherwise B&B with have nothing to investigate lol

I would appreciate any tips and input as to what I can put in my letter, I want to make it a good read, with lots of facts and to point out that is been dragging on far to long almost 25 years, which is unacceptable.

Thanks everyone.

[unclebulgaria67]

Your complaint is basically from what i gather is that they are sending you standard format letters which continue to cause distress, when they are unable to provide any information when requested to clarify the current position. Tell them that they are referring to a County Court Judgement that does not appear to exist or is no longer able to offer continued enforcement as more than 6 years has passed since any judgement.

 

I would also challenge them on the actual sale process after repossession, when it appears that B&B failed to obtain true market value at the time. It might seem a bit late to challenge this, but then so is chasing a debt 25 years later. If B&B never obtained a CCJ, forcing them to look back at their paper files might reveal that they have simply c*cked this one up. I bet they are simply looking at system file notes and not the actual paper file to see all the documents.

[divadeb]

Just got home to find another letter from B&B.

 

 

They have enclosed copies of the Record of Examination from 1st April 2009.

 

It says

" unfortunately they are unable to forward a copy of the court order as they are only obliged to keep paperwork for 6 years,

I can if I wish apply for a copy of the court order under court ref 5xxxxx."

 

 

They now want me to fill out the Income and Expenditure and send it back.

Any advice please on what to do next

[unclebulgaria67]

Nothing to respond to.

 

Can you post up a copy the document that has been sent.

 

This does seem to confirm that B&B might not have applied to the court for more time to enforce the debt and they might be trying to avoid admitting to this, as you would then not pay anything.

 

B&B should still have a copy of the judgement on file but they obviously can't be bothered to retrieve it.

 

You could phone the nearest County Court to you, to see if there have been any further aplications related to that CCJ reference. If there have not been then it would confirm that the Courts have not been involved for 6 years since the judgement and it is not currently enforceable.