Please help, November 1992, I separated from my husband. Wrote to Eagle Star explaining the marital breakdown and requested they repossess the house as I could not afford the mortgage payments and the rent on my accommodation, this was in addition to taking on all the other debts. I knew my ex. would not continue payments and he was left in the house and refused to try and sell it independently. I was the major wage earner. I believe this to be a Consensual Repossession? At the court in April 1993 we never even got into an actual courtroom. A lady (?who she was)took us into another room and asked us to agree a settlement on non-payment of the mortgage. I explained the repossession was not a result of non-payment but marital breakdown. To my knowledge no Money Judgement was ordered. Despite several communications with Eagle Star requesting information on the sale of the house etc and on any monies owed to them I never received a reply. Eventually I gave up, I moved to London, started a new life and forgot about it. I have NEVER made any attempt to hide my forwarding addresses. I’ve been on the electoral role, received finance, been in full time employment etc etc.(posted 8339 days ago)In March 1999, I received a letter from Eagle Star informing me I owed them £35,000.00. They had sold the house for £26,000 in December 1993 and the mortgage was £48,000.( I believe the house had a market value of around £50,000. They have even added costs for gardening and maintenance. On telephoning them I was told they had lost my address and in subsequent letters they tell me they have a 'policy' to give people time to get back on their feet after repossession!! Letters have gone back & forth and although I have never admitted liability I did offer 10% in an attempt to bring this to an end. They refused wanting a lump sum of nearly £9,000 or £40pcm rising to £80 and to be reviewed on a 6monthly basis. No final amount was ever offered by them so I refused. In 1999 they told me that as I had not made an agreement to pay they would now add interest. I never had any further communication until Feb this year to tell me they were commencing legal procedures, last week I received a County Court Claim ( hand delivered ) form for nearly £60,000.
I am in full time employment but have no assets or savings and I am living in rented accommodation. Unfortunately this means I do not qualify for legal aid(?) but to fight this in court even assuming I won I would still end up with a hefty solicitors bill. I have returned the acknowledgement of service stating that I intend to defend this claim. Brave words but I really don’t know how I intend to do this or indeed what my defence would be.
Does this all come under the Limitation Act of 1980 and what are my rights? Can they chase me for this after all this time? Could I accuse them of harassment ( by virtue of them adding interest just because I did not agree a settlement figure)? Have they been negligent in under-selling the house? Do they have a Duty of Trust for the maintenance of the house. Despite the fact that in 1999 I gave them the last known address of my ex, they appear to have made no effort to chase him. It was a joint mortgage. Can this be fair.
I know this is a great deal to ask but my work and personal life is suffering as is my health.