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halifax mortgage shortfall


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could anyone please answer a query that is bugging me since i found this site last week.

 

i had a house repossessed 8 years ago and the house was sold for less than i owed.

 

for nearly 6 years i have been paying £50 a month to a dca to repay the mortgage shortfall that is acting on behalf of the bank i think? .

 

would sending a cca request to the dca be of any benefit to me or not?

?

 

Thanks

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  • 7 months later...

In 1995 the credit limit for a credit agreement under the Act was £15000, so no it wouldn't be covered.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thanks for reply

another couple of questions for anyone?

i reckon i have paid approx 3700 off balance of approx 9000 on mortgage shortfall.i requested a full statement of account 3 months ago from regal credit and have had no reply since.? do they have to supply me with a full statement of account on request?

due to financial problems at the moment i need to reduce payments by half at least , what is the best way forward to approach this dca

thanks

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Quote

do they have to supply me with a full statement of account on request?

 

Yes.

 

Quote

due to financial problems at the moment i need to reduce payments by half at least , what is the best way forward to approach this dca

 

You need to list your income and expenditure to demonstrate how much disposable income you have to pay them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 13 years later...

hi after paying a mortgage short fall for  around 21 years 

a balance sent by mdrl who are now collecting on behalf of the halifax  is believed to be around £1,500 to much and the shortfall may even be paid off 

would a sar  request to the halifax get me a copy of every payment made  over the last 20 years or so 

so the balance can be checked 

if not anyone know how i could get this info 

with this being a mortgage shortfall could the halifax still take me to court if i stopped paying  or sell the debt on 

 

thanks  

 

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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... 

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Yes send an SAR to Halifax.

 

If you have been making payments, Halifax should have full records available.

 

Halifax have been known to stop collection activity, if there is any doubt about the outstanding amount or if people stop paying after a number of years of making payments.  Payments made towards a shortfall debt are almost seen as a bonus, as they would not have expected payment to be received in many cases.

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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yes dx  the same one and 14 years on still paying 

 

UB...

thks have filled in online sar request to halifax 

what happens if the halifax can not produce evidence of every payment made over the last 20 years off the original balance 

 

i still have the original typed breakdown of the charges and amount house was sold for etc and the original balance  sent by the halifax 20 odd years ago

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Banks should retain such records for at least 6 years after receiving a last payment. 

 

If Halifax cannot prove the amount, because records have been lost, then they may not bother to continue collection activity.  Or they may try it on, saying that they have maintained a continous account record and there is no reason for the balance showing to be incorrect. 

 

This shortfall debt goes back 21 years, so I would be telling Halifax that you believe there are issues that need to be looked into including the possibility that Halifax have been overpaid, therefore owing you an amount.  Let Halifax review the account and see how they respond.

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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threads merged.

and stop paying ....you should have done this as soon as your lost the home.

 

 

 

dx

 

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... 

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