Halliwell Landau - Anyone know this company ??????????greenspun.com : LUSENET : Repossession : One Thread
My husband handed back the keys of his property in 1992. It was then sold and eight years later he was informed that he and his now ex-wife owe £42,000, the shortfall.
We have now received a bundle of letters from the Abbey National, threatening all sorts. Have for the last year been having letters and phone calls from Halliwell Landau. We have not replied to anything.
Has anyone else had any contact with Halliwell Landau and are we doing the right thing in not responding ??
-- (firstname.lastname@example.org), February 19, 2002
Sorry no advice cos I have been doing the same for over a month with the same Company and just dont know what to do for the best. My ex threw me and our 2 kids out and after years of abuse, I gave up and moved into private rented accommodation. My rent was consideralby higher than our mortgage, he earned more money than me but claimed that he could not afford to pay maintenance on top of the mortgage.
How naive and stupid I was. He hadn't been paying the mortgage at all. Not for almost 2 years. He took great delight in throwing all the saved up legal papers at me. I had suspected that he would be in arrears but this!!! I still thought I was in the clear as I had been chucked out, I could prove the amount of rent I was paying, no maintenance etc. I went to the court on the day of the hearing to plead my case. There was a Citizens Advice desk inside the actual court and 10 minutes before I was supposed to go into the hearing, they told me that my circumstances would make no difference, that I would be putting myself in the firing line, I would have to give my current address etc etc etc (My ex obviously was not even in attendance).
That was all six years ago. I have since married and I have a joint mortgage with my husband. My ex is also married but with the house in his wife's name. He took it upon himself to provide Halliwell's with my new name and address and they are now demanding £36,000 and have noted my beneficial interest in my home.
Please advise me. Can I appeal? Do I have grounds for murder? Will I ever be free? AAAAAAAAAGH!
-- Jeanie Mullane (email@example.com), March 20, 2002.
After hearing nothing for over 18 months, we have now recieved several phone calls to our home number from Geoff Cooper of Halliwell Landau.
When will they finally get the message - we are not going to pay them a copper coin. !!!!!!!!!!!!!
-- Vanessa (firstname.lastname@example.org), April 15, 2003.
When did you first default on the mortgage, and have they got an MJO? Do you know about the new proposed debt recovery rules in the government white paper?
-- M Amos (email@example.com), April 15, 2003.
The mortgage was first defaulted in 1991. It was my hubby and his now ex-wife. We are unsure whther she is being chased, or if she has paid her half.
-- Vanessa (firstname.lastname@example.org), May 30, 2003.
If nobody acknowledged the debt or made a part payment and there was no MJO, and 12 years have passed since the 2nd or 3rd default on your mortgage payments (subject to the terms & conditions of your mortgage) then this alleged shortfall will be statute barred. However, an ex may acknowledge a debt (for both parties) by making a part payment, although there could be, I think, a data protection issue here. I think that the best thing in your case would be (if what I said before applies) to write to the lender stating that this alleged debt is now statute barred and see what they come up with. Make sure you still make clear in all your correspondence that you dispute their claim and deny responsibility. Furthermore, you say that Abbey National informed your husband about the alleged shortfall 8 years after sale. The CML 6 year voluntary code could apply here too, take a look at their web page entitled "Debt Following Mortgage Possession" on:
Please remember I am not a professional advisor so please check this out with one.
Let us know how you get on, and Good Luck.
-- M Amos (email@example.com), May 30, 2003.