Out of the blue

greenspun.com : LUSENET : Repossession : One Thread

My house was repossessed in January 1996 the local council gave meself and my family tempory accomadation whilst they assessed my position (voulantry homeless or not) after 7 months they agreed that my situation was of no fault of my own and allocated me a new home in which I am still living and building a new life. I have always been on the electrol regiseter even from my termpory home so I have never been in hiding. 4 weeks ago I recieved a telephone call from a company asking for me to confirm my name and date of birth I asked who they were and they said that they represented pension and insurance companies they said my previous address and asked me to confirm again if this person was me I said that I would rather not say. However last week I recieved the first of 2 letters to date the first stating that some details were required to be completed in respect of the property and that I needed to contact the office within 7 days, I did not reply to this letter. then exactly 7 days later I recieved the 2nd letter.which was slightly more detailed saying that they have been instructed to recover a sum in respect of the shortfall debt they also enclosed an income and expenditure questionnaire for me to complete and that I had 7 days to complete with a note at the bottom in bold capitals IT IS IMPORTANT THAT YOU RESPOND QUICKLY TO THIS FINAL REQUEST. I have just wrote a SARN on the solicitors concerned do I need to serve one also on th Building Society? I dont know what type of morgage I had or anything as my Ex Husband sorted everything the troulbe all began when my self employed husband went bankrupt but the Insurance company refused to pay our morgage because he was still working we had no advise or help from the BS what so ever out what should I do now? The building society is Bradford & Bingley and the Solicitors are Hammond Suddards Edge Any help would be greatly apreciated Lisa

-- (lisa_foxy@yahoo.com), December 03, 2001

Answers

Please don't panic, these letters are designed to rattle your cage. Serve on SARN on the BS too. Do not take phone calls from these people, insist it is all in writing. Read the site from top to bottom and follow the advice given, coming back to post with specific queries if you need to. Keep copies of anything you write or receive, date them as to when they were sent/received. Keep a log of any calls or any goons visiting. You are in a council house, there is nothing they can do other than garnish your wages. If this would cause you "hardship" they can't even do that. Take a deep breath and be comforted by the fact that you are one of many on this site. Keep us posted and we will jump in whenever possible with directions. If HSE get back to you with further threats, politely respond that you have received their letter dated XYZ but that you do not acknowledge *any* (not *the*) shortfall debt and will require the SARN paperwork before any further comment is made. Everything you need to know is here!

-- Too scared to say (iwasduped@yahoo.com), December 04, 2001.

HELLO, FIRST OF ALL NEVER ACKNOWLEDGE THE DEBT EITHER IN WRITING OR ON THE PHONE. IN FACT, CHANGE YOUR PHONE NUMBER IMMEDIATELY AND GO EX DIRECTORY. BAILIFFS HAVE NO RIGHT OF ENTRY TO YOUR PROPERTY UNLESS THEY HAVE A WARRANT FROM THE COURT, SO DONT WORRY ABOUT THE THREAT OF BAILIFFS - EVEN IF THEY DO TURN UP, DONT LET THEM EVEN USE YOUR TOILET - THATS ANOTHER OF THEIR TRICKS, AS ONCE THEY GAIN ACCESS TO YOUR HOME, THEY HAVE THE RIGHT TO ENTER EVERYTIME FOR THE SAME DEBT. SERVING A SARN ON HAMMOND SUDDARD EDGE WILL RESULT IN THEM INFORMING YOU THAT THE INFORMATION THEY HOLD IS EXEMPT FROM THE DATA PROTECTION ACT AS IT HAS 'LEGAL PROFESSIONAL PRIVILEGE'. THIS OF COURSE IS NONSENSE. REPORT THEM TO THE DATA PROTECTION CONTROLLER. THE WORSE THAT THEY CAN DO IS TAKE YOU TO COURT FOR THE SHORTFALL, AND AS YOU DO NOT OWN YOUR OWN PROPERTY, THEN THEY CANNOT PUT A SECOND CHARGE ON ANYTHING. IF YOUR CIRCUMSTANCES ARE NOT GOOD, OFFER A VERY MINIMAL MONTHLY PAYMENT, EVEN 1 COULD BE ACCEPTED. NEVER EVER COMPLETE INCOME AND EXPENDITURES, GIVE INFORMATION OF WHERE YOU ARE WORKING ETC. TELL THEM NOTHING, DONT ACKNOWLEDGE THEIR CORRESPONDENCE, LET THEM DO ALL THE CHASING, AND PLEASE DONT LET THEM INTIMIDATE YOU.

-- Anne Marie David (annemariedavid@blueyonder.co.uk), December 04, 2001.

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