HMC chasing repossession from CIBC Mortgagesgreenspun.com : LUSENET : Repossession : One Thread
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??
-- Georgina Morris (firstname.lastname@example.org), July 28, 2000
I don't think there is any legal implication in them not telling you that the owner of the debt had changed.
But inaccurate documentation, misdated documentation... all are weapons on your side. You should read the site fully to get an idea of how you should use this information.
Yes you can serve a SAR on a solicitor. And you should. You should serve a SAR on everybody involved if they are registered with the DPR.
It has become common for recipients to return SAR's for various reasons. There is a limit to how much you have to do to prove who you are or what relationship you had with the lender. Name, birth date, addresses lived and, arguably, the roll number of the mortgage should be all yo have to give. If they ask for more, bang in a complaint to the DPR (who will attack it with the full ferocity their rubber teeth allow, I'm afraid to say. But it is worth doing anyway).
-- Lee (email@example.com), August 02, 2000.
Hi Georgina, I,ve just been reading your letter and thought I would have a quick delve into my documents. I too received a Notice of change of solicitor from HMC. And guess what? Jeremy E Boakes, who works for HMC, also works for Davis and Co!!! What a coincidence! Me thinks that these two companies are one and the same. Regards Jacky.
-- jacky jones (firstname.lastname@example.org), September 03, 2000.
A property was sold through a mortgagee sale with HMC approximately 6 years ago. I now live in New Zealand. The shortfall was 20,000 pounds, my issue is I have never been able to establish contact with HMC. The only letters I have ever received was income and expenditure requests. I have written on numerous occasions with questions are I never recieve a reply to my questions. I now see from the business letterhead that the company to write to is now Davis and Co. But I still can not get a reply even when I telephone. I believe I have a right to receive an answer to the basic questions of what is owing, what are my options, can I be made bankrupt in the UK while living in New Zealand,and is there a limitation period on a debt that after a certain period HMC cannot chase me for the money.
In addition when the mortgagee sale occurred HMC had allowed my ex-husband to continue to occupy the property for some 18 months while not making repayments allowing the social services to pay the interest on the interest. This never in my best interest and it seems to me that HMC allowed this debt to increase as they did not want the property empty while there was a recession on. Again during this time I could not get any information out of HMC.
-- V T Lawrence (email@example.com), December 08, 2001.