Natwest Old Secured Loan on Repo'd Home

[Sirbob00]

Hopefully one last question.  

I’ve found the original paperwork from NatWest that Moorcroft are writing to my husband about.  

This was a joint loan but they are only writing to my husband so I guess they’ll write to me shortly.  

 

Should I actually write to NatWest with our new address doing a separate letter for each of us or in the case of my husband should he write to Moorcroft and I write to NatWest?

[dx100uk]

ignore Moorcroft, they don't buy debts.

only write to their stated client, if that's NW.?

 

 

[Sirbob00]

I’ve posted letters to each creditor.  

I kindly asked my daughter to take them to the post office, send them 2nd class and get proof of postage.  

She forgot about the proof of postage only getting me a receipt stating cost of 2nd class postage.

 Hope it won’t be a problem.

 

Also Moorcroft are texting my husband on a weekly basis.  

They’ve not tried ringing.  

If they do ring should he tell them he’s written to NatWest or she just tell them nothing.

 

Many Thanks

[dx100uk]

flag/report the text as spam and block the number.

no never converse with a dca via any method other than by royal mail letter

and in this case, they don't own the debt so don't even get that honour.

 

dx

 

 

[Sirbob00]

Hi

 

its been a few months since I wrote to our creditors to advise of our current address.

 

A few wrote back acknowledging the change, Picture who was the secured loan on our house that was repossessed wouldn’t change until we signed the letter which we never did and we’ve not heard from Moorcroft for a month or so.

 

Some quick questions if possible.

 

We were with Payplan for a few years.  

They were paying on our behalf.  

 

In June 2014 I received a letter from one of our creditors asking why they hadn’t been paid.  

I called Payplan and they admitted they’d made an error and not paid anyone for 2 months even though we had paid them.  

 

I was angry and said I wouldn’t be using them anymore so they agreed to refund the 2 months I’d paid them.  

This would have been April and Mays payment.  

I’ve got the old bank statements to check.  

 

So that has me thinking the last time any of these creditors were paid was April 2014.  

There was no contact made by me to any of the creditors.  

 

Also NatWest loan (passed to Moorcroft to collect).

This was an unsecured loan.  

 

When my husband lost his job and we couldn’t pay so they got a charging order on our house which was then repossessed in September 2014.  The last payment I believe they got was April 2014 as they were part of Payplan.  

 

How long are NatWest allowed to chase?  

I know our mortgage company is 12 years but I’m unsure about the secured loan which was with Picture and NatWest that was a charging order.

 

Many Thanks.

 

 

[dx100uk]

forget the charging orders as the home they were against was repo'd, so the secured aspect is no longer applicable.

 

so looking at things

many if not all are now statute barred.

 

dx

 

[Sirbob00]

Thank you for the quick reply.  It’s much appreciated 

[Sirbob00]

I know we buried our head in the sand but I was thinking if they are SB then I know they can still chase but I can send them a letter saying so.

 

The person at NDL said as I wrote to them in January before the 6 years was up then in affect I’ve given them another 6 years to keep chasing and they can apply for a CCJ against me.

 

Im aware the likes of the shortfall on the mortgage, the secured loan we had and the charging order have 12 years to chase the capital but all I asked them was at any point in those 12 years could they obtain a CCJ.

 

he said it’s likely NatWest got one before the charging order was placed but it’s likely fell off my credit file by now (not ever seen one on my file or can I find any paperwork for one although I have the charging order paperwork) but they would have to ask permission from a judge if they haven’t done anything in those 6 years.

 

Hope I make sense.  Just a bit stressed and sad as on Monday we had to have our old labrador put to sleep after 13 years x

[dx100uk]

hey know the pain with trusted friends, one was 12yrs 2yrs ago...aw..

 

not gonna read back the thread

only on a small screen..

but ofcourse there must have been a CCJ if there is a charging order, unless you voluntarily signed one?

ever sent an SAR?

 

let's put it this way

Natwest were one of the only original creditors to go legal on these debts if they did..

usually via SCM solicitors.

 

 

[dx100uk]

just obv re read your threads ..

all these debts with charging orders ...the CO's were gained on the old home that was repo'd numerous years ago?

not your current home?

[Sirbob00]

Yes.  NatWest got a charging order but the house was repossessed in 2014.

[dx100uk]

tough luck they can't now enforce it then....

[Sirbob00]

What other action can they take.

Do they have 12 years to chase like a mortgage shortfall as although it was a unsecured loan, they did get a charging order on a house that was later repossessed.

 

Many Thanks.

[dx100uk]

unless the original loan was secured when you signed up for it no.

I will guess they got a CCJ and a CO and you both simply ignored everything.

 

the story is not running right if the org NW loan was not a secured one in the 1st place.

 

 

 

[Sirbob00]

Sorry I’m not sure what you mean when you say about the loan not being secured from the start.

 

I banked with NatWest.  

Applied for a loan £30k.  

Definitely not secured as with an interest only mortgage £115,000,

then the secured Picture Loan which was £25k we couldn’t have gotten another secured loan.

When we couldn’t pay due to husband loosing job I got paperwork for them to get a charging order.  

I honestly have no recollection of a CCJ and I’ve been with 2 Credit reference agencies

1 of them for 2 years

and there was no CCJ registered.  

 

I do remember writing to the court opposing the charging order as even if they tried to repossess the house they wouldn’t benefit from any money due to the mortgage and secured loan taking priority over them.  

 

Unfortunately this was rejected by the court.  

Until April 2014 they were receiving payments from us via PayPlan.

 

The house was then repossessed in September 2014.

[dx100uk]

then the 12yrs does not apply at all.

 

what you did was probably sign what is called a Voluntary Charge the NW sent you.

there being no need for a Court Judgement to 1st exist, unlike a charging order, following a CCJ Judgement.

 

it was never a secured loan, so the 12yrs does not apply, a CO following a CCJ or a VO does not change the Agreement you sighed.

 

was this NW loan a joint loan on a joint property or single name Loan on a joint property

 

[Sirbob00]

It was a joint loan and our mortgage was joint.

 

Although when they wrote to us it was individually and they were chasing us individually but they were wanting the full amount from both of us.  When we made payments via Payplan we paid a certain amount each.  When Moorcroft started writing they only wrote to my husband .

 

Hope that makes sense.

[dx100uk]

6yrs then..

game over.

 

dx

 

[Sirbob00]

I found out last night that after informing NatWest of our new address they sent an email to a very old email address asking us to to ring them so they could action the changes.  Moorcroft also sent a similar email to the same email address.  

Husband only told me last night.Unfortunately due to his illness he often forgets to tell me things.

 

Many Thanks for all your help.

[Sirbob00]

We signed up to a credit reference agency.  

Got an email this morning saying a search had been carried out in my husband’s name.  

It’s by Moorcroft who are doing it on behalf of NatWest. 

 

Do we worry?

 It’s been over 6 years since last payment and we wrote to NatWest in January advising of our new address.  

They and Moorcroft both emailed an old email address which we have access to but never use asking us to confirm our address.  

We didn’t respond to it.

[unclebulgaria67]

Moorcroft are just a first DCA that Natwest use, after Natwest have stopped chasing it.

 

The debt is still owned by Natwest and is currently sat with Moorcroft, but in a pile with many thousands of others.

 

If your new postal address is showing on your credit file, Moorcroft would have sent letters if they thought this was a priority debt to chase. 

 

 

[Sirbob00]

Moorcroft were sending letters to him and ringing from last year but stopped in January.  My husband hasn’t received anything since and now they’ve done a credit search.  Not sure why because they know our address.

[London1971]

Ignore. Don’t pay them a penny. You already wrote to them confirming your new address. This is proof if they tried to sneakily take you to court by issuing a claim form to your old address. Although 1. It's likely Statute Barred By now 2. Banks very very rarely do court.

 

 

[Sirbob00]

I won’t be paying.  The last payment made was April 2014.  There has been no contact made by us apart from in January 2020 we advised them of our correct address.

 

Would NatWest let Moorcroft know when payments were last made?

[London1971]

Yup, and even if they didn't there is nothing they can do except send you begging letters. The ship has sailed from their point of view they might as well try to make gold out of a dog turd.