Experto Credite and Royal and Sun Alliance and Halifaxgreenspun.com : LUSENET : Repossession : One Thread
I have had the Experto mob (Matty - please note the phrasing) chasing me for some time for mortgage indemnity claim on behalf of Royal and Sun Alliance. The letters appear to be designed to worry and cause an instant reaction. Fortunately, I have read a lot of the Q&A's on this site and know a good deal about what I should do. What I need to know, is if anyone else has had dealings with them. What is their procedure? The letters are badly written and lift a lot of the wording from the Council Of Mortgage Lenders website on repo's/shortfalls (www.cml.org.uk). Not surprisingly, the bit they leave out, is that relating to not chasing shortfalls over six years old. Mine is well over this time. I am, nevertheless, taking the letters seriously, with a lot of guidance from this site. One insight I have to the RSA/Halifax relationship, is that these two have been virtually joined at the hip in terms of business realationships, for decades. The MIG that we paid for, eared a nice commission payable by RSA to Halifax. Probably not less than 20%; and could be a good deal higher. It was not unusaul up until recently for lenders to get up to 50% on the buildings or contents insurance of the property. So everyone did quite well out of us. I am collating some more information on this which I will post soon on the site; it may help our understanding of the people we have to deal with.
-- George Matthews (email@example.com), July 12, 2001
George, I had exactly the same combination . Experto wrote to me first in Feb 99 the property was sold in Jun 92. I had about 3 letters the final one stating if no reply within 10 days of letter they were to provide service in the form of a High court writ. Failure to attend court will involve High Court Sherrifs attending your premises to remove goods. A Solicitor then wrote a holding letter ( We were dealing with the Halifax at the time for the Mortgage Shortfall). I never heard from Experto ever again. Now over 2 years later (21 May 2001) a letter turns up from Curtis Solicitors to say that the RSA have passed the file to them for recovery of the Indemnity. Experto do not seem a very professional outfit at all I kept some of the envelopes they sent their correspondence in and it looks like a child wrote the addresses on. Incidently I did negotiate with the Halifax for the shortfall on the mortgage, will now be defending my position with the RSA. Regards
-- Mark Jordan (firstname.lastname@example.org), July 12, 2001.
Not sure what you mean by 'please note the phrasing'.
-- Matt (email@example.com), July 13, 2001.
Mark Many thanks for your reply. I presume that you settled in 1999 ie before the CML's six year moratorium came into being? Or did Halifax contact you within the six year period? Are you able to give any detail as to the amount of the shortfall and what the settlement was? I would have thought that RSA have no chance of further money. They also have a six year moratorium agreed with the Association of British Insurers. Caan you give any more detail though, on why Curtis/RSA feel you still owe some money? I would have thought that your solicitor would have agreed with Halifax that the payment you made in 1999 was full and final settlement. In that case, HALIFAX could not have a valid claim on the MIG with RSA? There was a case recently where the insurance companies argued that they need not reimburse the DSS for benefit payments (on industrial injuries etc.); where the benefit should not have been paid to the claimant. It strikes me that this works the other way ie if RSA should not have paid Halifax, they have no legal right to recourse from you. George
-- George Matthews (firstname.lastname@example.org), July 13, 2001.
I too am being written to by Curtis on behalf of Royal and Sun Alliance. It is nice to know I am not alone and would appreciate and help that you may be able to give me. I have also read the site but am confused about what to do, perhaps you could give me some direction to go in as you sound very knowledgeable on the subject.
I hope to hear from you soon.
-- Frightened (email@example.com), July 19, 2001.
Frightened. To help yourself, I suggest you put some more detail on the site so that I and others can give you some thoughts and guidance. I think it would be best to start another Q&A so that you can get replies to your specific circumstances. I believe that most people that reply would confirm that they are not experts; but do have a whole load of useful help to offer. This means that you must THOROUGHLY read through all other parts of the home- repo site. I have found it excellent and a great comfort. You may then need to take some legal advice. George
-- George Matthews (firstname.lastname@example.org), July 26, 2001.
I am amazed to find this site as I have been searching the net for ages - this is exactly the problem I have and exactly the same people. My home was repossessed approximately '91. I received letters for years, which I chose to ignore. The last correspondence being about two years ago. I have now recently had Experte Credito contacting me(the third debt collectors)threatening all sorts. I have chosen to ignore again as I don't know what to do. Any advice I have been given would be to contact them and offer to pay as much as I can. I feel if I start this I will be paying for the rest of my life. I am in no financial situation to make payment as I am living in a council house and also a single parent. My estranged husband owes this debt also but I think he has get off with it. I believe my agreement was with the Halifax who have been paid by the Mortgage Indemnity. Living in Scotland, I don't know also about the time bar. I think it is different to England. Can anybody help or give advice on what my next step should be?
-- Elaine Kerr (email@example.com), August 28, 2001.
Not 100% sure about Scotland but I think it is 5 or 10 years. I have a strong feeling that the debt is statute barred after 5 and so it looks like you may be okay - can someone else confirm that. I would not recommend ignoring the letters as if they can prove it it will nopt look good if it goes to court.
Ask for the MIG and other documents as listed on the do's and don't's section of repossession on the left of the web site.
E-mail me directly with more details of your case and I should be able to offer something more.
-- Matt (firstname.lastname@example.org), August 29, 2001.
Elaine.Hang on in there; you probably have a very good defence to this. Matt is well clued up on the people that are chasing you so do follow him up on his offer. Suffice to say they will send you all the usual frighteners about repossession of goods, people coming to call, baillifs, solicitors (I have a feeling that the same person writes their letters from debt collectors/baillifs/solicitors), statement of earnings under oath etc.Don't be put off on this and do something "daft" like phoning them; stand your ground.One other tip; if you are new to this site, do spend A LOT OF TIME examining everything on it.I have spent hours reading the letters etc and I would urge you to do the same. There certainly something here to help you. Another request, please post your progress on this site as soon as you can (e-mail me privately if you do want to keep it close).This will help others, and also help me in my gathering some information about this lot.
-- George Matthews (email@example.com), August 31, 2001.