Being chased after 10 years by the lender and insurance company

greenspun.com : LUSENET : Repossession : One Thread

I read with interest the other posts on your site. I had a house with the Halifax until 1989 and like others due to the drop in prices decided to go for voluntary repossession. Some years later I was being chased for the shortfall of the property being sold at auction for some rediculous amount. I went through a solicitor who managed to negotiate the 40k+ amount down to around 7k in monthly payments. I thought that was it but to my absolute horror I know discover that the insurance company Royal Sun alliance can also stake a claim and have just instructed a solicitor after failing though a "cowboy" debt agency. I will now have to start this process again they want 23k. Any advice from anyone (apart from emigrate) PS I have given up on solicitors, if they know you have hired one they assume you must have some money.

-- Mark Jordan (ma.jordan@btinternet.com), June 20, 2001

Answers

I may be wrong but is the company Curtis Solicitors. If so I should e able to give you some good advice. E-mail me privately if you want on this.

Have you asked about a Money Order Jusgement and for a copy of the MIG Policy. Without these two items there is no case against you. I have plenty more as it is the RSA who are after me and have so far used 3 firms of solicitors and one debt agency (Experto Credite).

-- Matt (mattyc@ntlworld.com), June 20, 2001.


Another thought.

If you have already settled the 'debt' with the Halifax did you get any paperwork to say that this was in Full and Final Settlement? If so then it is up to the Halifax and RSA to decide to gets what from what has been paid. The halifax is entitled to seek the full shortfall whaereas the RSA can only seek the MIG payout amount. If the Halifax is successful then they must pay back the RSA for the insurance payout - basically the same as if your car was stolen, insurance paid out and then your car found again in good working order. You would be expected to pay back the insurance payment.

-- Matt (mattyc@ntlworld.com), June 20, 2001.


It is also arguable that the insurance company should have acted within six years of the MIG payout, because it is arguable that the MIG payout money becomes a simple debt and that a 6 year limitation applies. IMHO.

-- Eleanor Scott (eleanor.scott@btinternet.com), June 23, 2001.

err. just read all these answers and they back up - and extend - my point on your last answer. Eleanor's point is particularly valid - reclaiming a MIG contract has got to be simple contract (no property involved) so 6 year limit from contacting you. It sounds like your address wasn't a mystery so they can't claim difficulties there, and IMHO you should tell them to f-off.

AT

-- (andy.turner@mcfc.co.uk), June 24, 2001.


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