what can they do?

greenspun.com : LUSENET : Repossession : One Thread

I left original flat in 1993 because of subsidence. Carpark wall collapsed, Builder changed name and Insurance didn't cover, had no alternative but to rent out or stay forever! My friend had a survey just before on flat below, it was unmortgagable! Halifax continually refused to allow me to rent out so advised if didn't I would be forced to leave. After further flat refusals, I then left!

I have the original valuers report stating some distortion but in his opinion not a problem, the car park just fell down! It was dangerous to live there. The freeholder refused to repair because it would have cost 12k, he didn't think he'd get it covered by tennents so council 'shored up' wall as temporary measure. It remains un-repaired to this day.

I was a victim of a bad conversion and property is unmortgable. Bought property for 42,500 they sold for peanuts now presenting a 37,000 shortfall! I do not receive any salary and only have 80 per week housekeeping. My ex-partner just pays off my overdraft when it piles up even though we are now separate. (We split up last year, just after first contact letter). I do not own any part of my partners property and have no other assets. We now live separetely and am living with a friend and my two children. I do not collect benefit.

I have received a few letters at my ex-partners address and need to act fast, can someone asvise me PLEASE.

I am also not sure about this six year rule. I personaly feel that I will be ruthlessly pusued, regardless.

Which slant do I take, bad survey? refused to rent out? what? Help.

-- Gennie Blackman (gennie1234uk@yahoo.co.uk), October 13, 2001

Answers

Gennie, Read everything you can on this site, espescially the Repossession page, also the who help's page. Reply to all letters, don't ignore them. Don't admit to the debt and don't fill in an income and expenditure form if they send one, you don't want them to know anything personal about you, they're not legally entitled to this information anyway. You need to ask for strict proof of this debt, all documentation regarding this debt, this site will tell you what to ask for. If they don't provide it carry on asking politely. If you get any particularly nasty letters don't panic, put a question to this site before replying to it. You're right, they probably are going to hound you, but try to be strong, they're the bad guys. I'm going through it myself and it's been going on for nearly a year but this sit has kept me strong. Good luck!!!

-- (trish5493@aol.com), October 17, 2001.

If the repossession was in 1993 and 1st contact letter last year IF the letter was dated AFTER 11/2/00 then they are time barred by the CML voluntary agreement as well as by the Halifax's own announcement that from December 1999 they will use the 6 year rule.

I would say it is possible that they are time-barred - not that they will admit to it of course.

-- Matt (mattyc@ntlworld.com), October 17, 2001.


...exactly, there are not going to admit it, I'm not too excited about this 6 year rule, has ANYONE out there been able to contest the debt successfully using this 6 year rule thing?

-- Gennie (gennie1234uk@yahoo.co.uk), October 17, 2001.

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