Jacqueline07's OH v Woolwich

[Jacqueline07]

I would be grateful of some advice if poss.

 

In 1996 my husband owned a flat that was being rented out. He had lots of problems with tenants, the mortgage was in arrears and also was subject to negative equity. Being very naive at the time we made the decision to hand in the keys to the building society.

 

They went through the normal process of selling and he was sent a bill for somewhere in the region of £36,000.

 

Through Counselling Intermediary Services we arranged to pay between £20, then £30 and then £25.00 per month over the years. This we have done monthly since 1999.

 

However, although currently paying £25.00 per month quite happily - the debt has now been sold to Hillesden Securities Ltd (Direct Legal and Collections) who first wrote to tell him this on the 18th Dec (we received letter on 23rd Dec) and he received another more threatening letter today (dated 27th Dec).

 

He has never received any of the documents relating to the sale of the flat, any statements whilst it was a mortgage etc or copies of any bills.

 

Can someone please give their opinion as to what he should do next.

 

We are not trying to get out of paying this - but I am concerned that he is just paying these people without realising what it is he is paying for. Would his best option be for a SAR or DPA request.

 

I would be most grateful of any help.

 

Thank you - Jackie

[zootscoot]

Hi Jacqueline,

 

A SAR is a Data Protection Act request and this would be the best approach. There may be some complicatons here because of the time scales involved, but do a SAR to see what sort of charges and fees were levied and how much the flat was sold for.

 

All the best

 

Zoot

[Jacqueline07]

Thank you Zootscoot (I must have mixed up my DPA with CCA [duh!!!])

 

Will do the SAR today and see what it brings.

 

Jackie

[zootscoot]

The CCA wouldn't apply as the debt didn't arise from a regulated agreement.

 

Good luck!

 

Zoot

[Jacqueline07]

BTW - Is my OH entitled to know what DLand C paid for the debt? Would that be part of the SAR?

 

Just curious

Thanks - Jackie

[Jacqueline07]

These people are so silly - sent SAR on 4th January - received another letter from DL&C on 19th threatening court. They have completely ignored my SAR. Faxed a letter off to them drawing their attention to my SAR (with a copy attached). Printed off the fax report also.

 

Half of me would welcome the court process so I can show how unreasonably these people are - sending letters during the Christmas period, letters that are dated 7 days prior to receipt etc. No deeds of assignment sent or history of sale etc.

 

IF A MOD THINKS THIS WOULD BE BETTER IN THE DEBT SECTION - PLEASE FEEL FREE TO MOVE IT.

 

Thanks Jackie