Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

No payments to Halifax since 2011


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1646 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi.

I took out a 25 year mortgage with the Halifax in 1986.

This still has a balance of around £10,000 and I have made no payments to them or any dealings since 2011.

While I understand the capital sum is not statutory barred for 12 years, being a mortgage, is my understanding correct that the interest is, as this becomes barred after 6?

They have resumed contact for the first time in many years recently and as I have not replied, they are now threatening action.

I got into debt in 2008 and am still struggling and I fell behind with the Halifax when I took out a sub-prime loan against the property.

Any ideas on how I should deal with Halifax? I do not want to do anything to lose the statutory barred portion of the mortgage.

 

Thanks,

 

Tony

Link to post
Share on other sites

is the charge on your home still there?

if so you've a weird interpretation of SB rules...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I haven't checked with the Land Registry but assume the charge is still there.

 

I have no knowledge of SB rulings but read:

 

For most types of debt in England, Wales and Northern Ireland, the limitation period is six years. This applies to most common debt types such as credit or store cards, personal loans, gas or electric arrears, council tax arrears, benefit overpayments, payday loans, rent arrears, catalogues or overdrafts.

There are some exceptions though:

  • Mortgage shortfalls have a longer limitation period of twelve years for the money you borrowed (the ‘capital’), while the interest charged on this has a limitation period of six years
Link to post
Share on other sites

Please can you provide a link to your source for this.

Link to post
Share on other sites

 

Under Step Change website Bank Fodder, see here:

 

https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

 

How does a debt become statute-barred or extinguished?

The laws set out the period in which a creditor has to begin court action. The length of time varies depending on the type of debt and is known as the ‘limitation period’.

In England, Wales and Northern Ireland:

For most types of debt in England, Wales and Northern Ireland, the limitation period is six years. This applies to most common debt types such as credit or store cards, personal loans, gas or electric arrears, council tax arrears, benefit overpayments, payday loans, rent arrears, catalogues or overdrafts.

There are some exceptions though:

  • Mortgage shortfalls have a longer limitation period of twelve years for the money you borrowed (the ‘capital’), while the interest charged on this has a limitation period of six years

 

 

Edited by tonym2019
add info
Link to post
Share on other sites

20 Time limit for actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land.

(1)No action shall be brought to recover—

(a)any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or

(b)proceeds of the sale of land;

after the expiration of twelve years from the date on which the right to receive the money accrued.

 

(2)No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of twelve years from the date on which the right to foreclose accrued.

But if the mortgagee was in possession of the mortgaged property after that date, the right to foreclose on the property which was in his possession shall not be treated as having accrued for the purposes of this subsection until the date on which his possession discontinued.

 

(3)The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall not be treated as accruing so long as that property comprises any future interest or any life insurance policy which has not matured or been determined.

 

(4)Nothing in this section shall apply to a foreclosure action in respect of mortgaged land, but the provisions of this Act relating to actions to recover land shall apply to such an action.

 

(5)Subject to subsections (6) and (7) below, no action to recover arrears of interest payable in respect of any sum of money secured by a mortgage or other charge or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

 

http://www.legislation.gov.uk/ukpga/1980/58

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thank you for the information Andy, 

 

In stating section 5 below, when I attempt to sort out the repayment of balance, should I state to Halifax that I am aware that the interest portion is not enforceable and only offer to clear the capital sum, or am I being a complete idiot and totally misinterpreting what I am reading?

 

(5)Subject to subsections (6) and (7) below, no action to recover arrears of interest payable in respect of any sum of money secured by a mortgage or other charge or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

Link to post
Share on other sites

Is this Halifax direct that are writing or a DCA ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Well They still have a further 4 years with regards to the Capital content and without specifics of the interest  content which I assume must be considerable hence your initial post and wishing to avoid it you are still liable for the capital and at risk of litigation or possible repossession (I assume you still reside in the property mortgaged ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I am more than happy to pay the capital amount and would have agreed the interest as well, had that not become unenforceable.

 

I just needed clarification on whether I was correct and advice on how to approach this, as once I contact them the SB bar is reset.

 

Should I email them requesting they recalculate the debt owing as I believe that no payments have been made since 2011?

 

 

Link to post
Share on other sites

You have not answered my points above to determine the best course of action.....

 

How much is the interest content ?

Do you still reside in the property in connection to this mortgage ?

 

Also have you been receiving annual statements for this debt ?

And Notice of Sums in Arrears ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 

Sorry Andy, I thought I had mentioned that I do live there in my last post.

 

I do still get annual statements from them, but not with me at the moment. I cannot remember getting a sum of arrears notice in several years. 

 

Not sure on the interest portion but £500 added in last 6 months.

 

March 2019 letter (no specific date) has balance £10,004.53

18 July 2019 letter £10,422.30

20 August 2019 letter £10,464.43

10 Sept 2019 letter £10,510.40

 

Link to post
Share on other sites

Thanks.....a few more questions,,,,,trying to get an angle on this.

 

Do you have a current mortgage on the property with another lender and this one to Halifax was that a second mortgage ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Wow how bizarre.....25 year mortgage with  Halifax...due to mature in 2011...no payments made since 2011....creditor has never started repossession process  and still sending out statements.

 

Capital amount will become statute barred in 4 years 2023...interest being added to a matured presumably ended agreement.

 

DId they contact you towards the end of the term of this agreement for your proposals of payment ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 

Wow how bizarre.....25 year mortgage with  Halifax...due to mature in 2011...no payments made since 2011....creditor has never started repossession process  and still sending out statements. The only form of contact for many years has just been an annual statement

 

Capital amount will become statute barred in 4 years 2023...interest being added to a matured presumably ended agreement.They are threatening action if the balance is not paid or we contact them by tomorrow

 

DId they contact you towards the end of the term of this agreement for your proposals of payment? We are talking about 8 and a half years ago, officially mortgage ended March 2011 but I can trace payments up to September 2011. At that point they were still looking at it as a mortgage in arrears and can't recall any discussions about proposals of repayment other than carry on paying until repaid.

Link to post
Share on other sites

I would contact them and try to agree a payment plan...I would forget the interest and SB argument ...it negligible to the amount involved here,,,but if you want to negotiate it  as a F&FS so be it but you can't argue that they have not been reasonable here ....most would have had you out of the property by 2012.  

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

So time to negotiate...:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...