what should i do, they have sent me a solicitors letter

greenspun.com : LUSENET : Repossession : One Thread

the original company was Mortgage trust. i asked them to take the keys at a court so i could get a council house, i had to have a repossession order to qualify for one. at the court the judge want them to give me alot more time to find a new job, i had to intervene and explain to the judge that i just wanted out of the trap i was in, i think my nerves were shot. i asked him them (there solicitor) to accept the house as repayment for the dept, which was about 30,000 i cant be certain. and the judge asked the young solicitor if that was ok, i spouted some story about mortgage companys selling houses cheap and comming back for the difference, the solicitor agreed that they wouldnt do that, the house had a value of around 42000. that was that , i thought. now a couple of years ago i got a request from a new company called first active asking me to fill in an income statement, they wanted to recover the shortfall, i ignored the letter having never heard of the company, and them also not saying what the shortfall was, i was going to write and say the house was accepted as full payment, but i never.they have written a couple of times since then i ignored each one as it came so they dont realy know if i seen them or not. Now ive got a letter from Edwards Geldard solicitors saying a company called Brittanic money plc want 19017.39p of me, and that im liable jointly and severally. i was finally going to write and say get lost , ive never heard of you when i heard of this site, the original order was made in 1995. there was an endowment with the mortgage with a manchester company, i cant get near them they say they havnt got any details. ive lost lots of paperwork but i do still have the original repossession order , of course no money order was requested or instigated. They still have never heard from me at all, what next???? please help

-- ian richardson ferguson (irfergy@hotmail.com), April 11, 2001

Answers

You need to be absolutely clear on one specific point: if in a court of Law, the appellants solictor agreed to a full and final settlement by way of repossession, then this new company has NO right to be chasing you and you could sue for harassment. BUT: and it's a big BUT, if this agreement was not recorded in Court and you have no way of proving it, welcome to the shortfall circus. Read this site from top to bottom before you respond to anyone. Your first step must be to prove that the solicitor agreed there would be no further action taken at ANY point in the future.

-- Too scared to say (iwasduped@yahoo.com), April 11, 2001.

thanks for your reply, ive been to the county court and convieniently the judges notes are thrown away after a few years so i have no proof what was said, but i know it to be true, where else could i try to find any notes made. i thought all court business was recorded somewere.

-- ian richardson ferguson (irfergy@hotmail.com), April 11, 2001.

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