Halifax shortfallgreenspun.com : LUSENET : Repossession : One Thread
Halifax have started chasing me for a shortfall of 30,000. This site has been brilliant. I have learnt so much. I have discovered that they do not have a money order but they are threatening to get one. My question is this: Do I tell them to go and get one or I will not respond to anymore letters? Any advice most welcome. There does seem to be a little bit of conflicting advice on the site - some people seem to give the impression that you should give nothing away -but how do I tell them that I know they need a money judgement order without giving away what I know.....I'm just a little muddled....okay, a lot muddled! My congratulations to everyone on the site - you are fighters and that is admirable.
-- Catherine (Interpreter5@hotmail.com), March 07, 2001
Firstly can you tell me when they first contacted you - two reasons for this the CML voluntary agreement and HAlifax's own decision not to chase people after a certain date (late 1999 I think).
When I requested a copy of the money judgement - it took four letters before they even mentioned I had asked!! - they eventually said they did not have one and did not need one. I responded by saying that I was advised that they needed this and that it must be obtained within a certain period of the original court repossession case. The thread just down the Q&A page is interesting in that cases where a MJO was not obtained might now be stayed so they can never get one.
If you want to, e-mail me at firstname.lastname@example.org and I will send you copies of the letters I sent to them. The last one I sent was in December as they had not replied to one a month earlier. I have since heard nothing directly from them.
-- Matt (email@example.com), March 07, 2001.
When did the lender repossess your home, and when did they sell it? When did you make your last payment on the mortgage?
-- Eleanor Scott (firstname.lastname@example.org), March 07, 2001.
Can't remember when I made my last payment. Was advised to let them repossess me so must have stopped paying sometime in 1993 and was repossessed in 1994. They say they sold the property in 1995 and by the date of sale it seems that they contacted me a month before 6 years elapsed. Have argued the 6 year rule with them but they are adament that this starts from sale of repossessed property and have sent me Council of Mortgage lenders documents which state this.
-- (Interpreter5@hotmail.com), March 07, 2001.
In which case I would say, read the Repossession section of this site, especially the section on whether or not the lender has 6 or 12 years to chase you.
Let me know if you need any help following the arguments, and/or what you think.
-- Eleanor Scott (email@example.com), March 08, 2001.