I had a house reposessed by Abbey National 7/1/97 who then sold the property for £28 000 which was about £12 000 less than its valuation. I was forwarded a letter asking me to pay £15 000 as the overall shortfall. I never acknowledged this debt verbally or in writing.(posted 7567 days ago)18 months ago after several years of renting I purchased our current home Via an adverse credit lender. 6 Months ago I swapped over to Abbey National at the advice of my broker because my CCJ had been wiped clear and my credit was excellent. I was obviously worried about going to the same lender but was assured that this was not an issue otherwise they would not offer me the mortgage.
I have since had 2 solicitors letters sent to my home and 2 sent to my place of work marked private and confidential. Embarrassingly, one was opened by a colleague by accident. I decided to phone 3 days ago to point out that I was not happy with the letters being sent to work etc. and that I did not accept the debt especially as the 6 yr period had run out.
I have today received a letter from DLA Solicitors which states "We have a 6 year period of limitation from the date of sale of the property. As the property was sold in 12/8/97 and contact was made on 1/8/03, your debt lies within this period and is therefore active".
Questions: 1. What happens after 12/8/03 when the 6 years is up? 2. Can Abbey National log another CCJ on the same debt? 3. Can they use information on a new mortgage application to chase up an old mortgage debt? 4. They have written in the letter "We note the contents of your letter" when I have never sent them any letters. What action should I take? 5. I contacted DLA by telephone on 1/8/03. Please confirm that this does not start the 6yr period again because telephone calls dont count do they?
Your reply will be much appreciated.