Halifax reposessed wife's flat before I met her - 2greenspun.com : LUSENET : Repossession : One Thread
Many thanks to those who responded to my original question. Here's a little more info:
The house was reposessed in Feb 1993 but not sold until Nov 1994 so when the debt collectors contacted us in April this year they claiming that we were still within the 6 six rule as it counts from the date of sale. My wife has not been sued yet, but we have received a solicitors letter giving us 14 days before they advise their client (Halifax) to take court proceedings. They are unwilling or unable to provide proof that they do indeed represent the Halifax or a breakdown of the figures.
My wife is a house wife with no income excepting what I give her, and only has her name on the mortgage because our current lenders wanted it so. Any payback will effectively come from me, short of them taking the house. The whole thing feels rather immoral. Why haven't they contacted us before? Why has the Halifax chosen to use a 3rd party rather than direct contact?
It all seems very opposite to the Advertising made by the Halifax and other big banks/building societies. I understand the debt, but not the length of time since it was incurred or the way it is done.
-- andrew wise (email@example.com), November 03, 2000
Having already had first-hand of the Halifax's methods, nothing they do surprises me now! I have always been very fair and thruthful with them and what do I get in return? I believe that it has certainly not been a similar response. If you believe as you say that it all seems very opposite to their advertising then you should read my earlier posting to this forum: "The HALIFAX - Some Quotes From The Chief Executive" to see what I believe is an immense gulf between what the Halifax PLC says and what it actually does.
If you also read my earlier posting: "The Law Society recommend 3 year limitation period after repossession" you will see that the Law Society considers that 3 years limitation period is sufficient time for lenders to sell a property and commence recovery of any shortfall. Particularly if the limitation period commences on the actual date of the repossession.
-- Tony Hayter (Tony@Hayter.com), November 04, 2000.
I think you need to establish why it took Halifax such a long time to sell the property. What was going on all that time? Also, it is now - given that we are in November 2000 - six years since even the date of sale. They have not actually instigated recovery proceedings against you. I may be wrong, but to my mind all they have done is write you (intimidating) letters. So their self-imposed six years is up. But nevertheless, *do* put them to 'strict proof' and insist, politely, that they substantiate properly all aspects of their claim against your partner, especially details of the marketing and sale. Also, you haven't said whether or not they have asked for your personal details? This would be an invasion of your privacy, especially if any details supplied or requested were destined for some form of electronic storage. Keep in touch. None of us here can give legal or financial advice, of course, but we can speak from experience and offer support. All best.
-- Eleanor Scott (firstname.lastname@example.org), November 04, 2000.
I am in a similar situation my now wife had left her boyfriend ,then he tried to take over mortgage ,fell into arrears,signed in court agreeing to accept all resonceability for debt. Obtained court order to force sale of property from him .sold.then n+P(abbey nat) stopped sale due to shortfall of £1500.00 .Then repososessed and then sold 4- 6 weeks later at £10,000+ less than she had sold it for. Now after 6 or more years chasing £18000.00. I own my home,she does not work ,fulltime mum 2 children if she pays it is me paying as i support all my family
-- steve walton (email@example.com), December 17, 2000.