Advice Plese Re B&Bgreenspun.com : LUSENET : Repossession : One Thread
A bit of advice needed - home was repossessed almost 11 years ago, in the last 2 - 3 years we have received a number of letters from HSE threatening court action, I & E forms and all the usual stuff which we have ignored. We have recently received a slightly more threatening letter from Drydens, a 'Notice of Intention to Issue Proceedings.' Should we consider this with any more importance or is it just one of their 'standard' letters. I am tempted to Sarn them but don't want to upset the applecart, but am a bit worried about ignoring this one. We're getting so close to the 12 years I didn't really want to start anything off and was hoping we could see out the 12 years peacefully! (yeah right!!). Any advice? Anybody else received one of these letters? As always your comments are very welcome.
-- Julie (email@example.com), July 08, 2003
Such a notice is used as a threat but that doesn't mean they won't go through with it.
Start using your rights - serve SARNs. The applecart is already upset - that is why you are receiving these threats.
Read the Do's and Don'ts section.
-- Lee (firstname.lastname@example.org), July 08, 2003.
Lee is right.
First off though remember the CML agreement - Council of mortgage lenders
The time limits you state could make the following applicable Bradford and Bingley are a member of the CML - do your dates roughly follow this statement?
"the CML also announced today that its members have agreed to a change of policy in recovering debts from former mortgage borrowers. While the law allows lenders 12 years to begin recovery procedures, in future lenders have agreed voluntarily that they will begin all recovery action within the first six years after the sale of a property in possession.
The change takes effect from 11 February 2000, and means that anyone whose property was taken into possession and sold more than six years ago, and who has not been contacted by their lender for recovery of any outstanding debt by that date (i.e did Hammond send first letter later than the 6 years date), will not then be asked to pay the shortfall. The new time limit applies only to new cases, and does not affect anyone with existing shortfall debt repayment arrangements or where the lender has already begun recovery procedures."
Sarn both the lender whilst ignoring Drydons standard threat letters (only important ones are from a court and if you do as this site suggests their client will look incompetent and unfair if they proceed to court without supplying you with all the Docs to prove their claim, which they will undoubtedly fail in as 11 years means a lot of storage costs and legally they are only required to hold data for 6 years).
- check B&B SARN for confirmation of the sale date and first attempts at recover (should be listed in either collection log data sheet(s) or copy letters from the lender or their collector)
Dont fill in one of their own proprietry forms for the SARN if they say they can't find you - it may possibly (not likely but not impossible) be used to acknowledge the debt if they ask for further info send them one of their collectors debt letters.
Incidentally Drydens took over from Hammond Suddard Edge earlier this year and what legal talent they had (debatable) has now gone - these guys are - in my opinion - ignorant, abusive, greedy and are not legally compliant.
WARNING - if you have any assetts that are searchable on the land registry i.e. a mortgage or have a decent credit rating watch out for possible nasty tricks with Statutory Demands. - most stat demands will be thrown out if you dispute the debt (within 14 days!) enclosing copies of your document request letters in defence and the lender hasnt a Court Judgement for the shortfall.
-- fairer financial world (email@example.com), July 09, 2003.
hi, house was repossessed in 1990 by B&B have been having letters too from hammond for the last 3 years, had one today with greater threats that will issue county court judgement or bank ruptcy or phone at home or send an agent round if there is no response. they put me through hell when a letter arrived one saturday morning, had severe depression and panic attacks, did not want to go out, or talk to anyone, could not eat or sleep. felt so weak did not want to speak about the subject to any solicitor. my husband tried few local ones but they were rubbish, then found out about a debt advisor at cab, who helped me back on my feet with his advice. he said they are just trying it on, they now people will give in,he said do not respond to any of there letters, he said the debt is statue barred. to this day they send few letters every few months always on friday so they can ruin your weekend. he has also not contacted them in any way. he advised me if they took me to court and lost it will be law all over the country for other people in my situation. my advice to you is do not respond to them in any way at all unless you have any court letters. cab are very helpful. be strong do not respond to them!
-- naj (firstname.lastname@example.org), July 25, 2003.