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HMC chasing repossession from CIBC Mortgages

from Georgina Morris (georgina.morris@oracle.com)
A mortgage was taken out with CIBC Mortgages Plc and the house was repossessed in 1993.

7 Years later I'm being chased for a shortfall of 8,000 pounds by the Household Mortgage Corporation!!

It has been very difficult to get any information out of them but eventually they have come back with some answers:

'In February 1994 Abbey National Mortgages Plc bought CIBC's mortgage book. The administration of these mortgages was passed to the Household Mortgage Corporation Plc a part of the Abbey National Group in 1996. The Household Mortgage Corporation Plc corresponded with yourself. You were then sent a Notice of Change on the 8th December 1999 advising that the Household Mortgage Corporation Legal Department has transferred your case to Davis and Co Solicicitors. We enclose copies of the Notices of Change for you reference. In respect of your comments of why you have not been contacted in seven years, please find enclosed copies of letters from Eagle Star insurance dating back to March 1994, advising that there was a shortfall on you mortgage account. '

They have enclosed copies of: 'Notice of Change Of Solicitor' 'Certification of Incorporation on change of Name (CIBC Mortgages PLC changed to ABBEY NATIONAL MORTGAGES PLC)' 'Notice of change of Administrator (From Abbey National to HMC) 'Letters of the shortfall from EAGLE Star' The letters of Shortfall where never received by me. I had moved by then. Interestingly enough the letters never mentioned Abbey National (Only CIBC) and the Shortfall was for 4,000 pounds.

Also, The Notice of Change of Solicitor was dated 7th July 2000 yet they said they had sent this in december 1999 ??

I only recieved this letter when I had issued a SAR to HMC which they returned stating '

I am unable to answer your query without further details of the mortgage you held with HMC'

Two Questions: ==============

1. I was NEVER advised that the mortgage lender had changed (The house had already been repossessed. HMC will not give me ANY documentary evidence that Abbey National wrote to inform me of this. Can CIBC just sell this shortfall to Abbey National and Abbey National not inform me? If so, does the 12 year rule still apply?

2. I'm a bit concerned that a Solicitor is sending me a copy of a Change of solicitor Notice that is dated the 7th of July when they stated in the letter that they sent this in December 1999. I received no such letter. I will resissue the SAR to HMC stating all my previous addresses but can I issue one to the Solicitors also??

Just as an additional they've sent me a without prejudice offer of 2,500 pounds but I'm not admitting any liability for this debt.

Thanks for your help in advance??

(posted 8645 days ago)

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