I am being chased by B&B some 11 years after repossesion. After reading thro the posts here i have some questions which u may be able to help me with. I have never tried to hide my wherabouts.Having been on the electoral role,and B&B were writing to my solicitors prior to the repo.In fact Southern Water traced me some 2 years after leaving the property.In view of this does anyone have any views as to the use of article 6 of the HRA? Why have the started now? Why dont building socs ever get asked to show how they mitigated thier losses as in most civil cases? Having served a SARN notice should this not come up with a mortgage deed and the MIG ?

-- Ian Turner (ian.turner001@ntlworld.com), February 07, 2004

Answers

Hello Ian,

Am currently in the same positon with B&B - maybe a little further. They contacted me July 2003 re a shortfall debt from 1993. They refuse to send me the MIG, Mortgage Deed, Notification of Repossession Sale (legally bound by Building Societys Act), any marketing material of the sale of the property or of the endowment. Basically they will not send me anything, they will not reply to me when I question them of the CML 6 year code, they say they 'believe' they contacted me, I sent them proof I was not living at the address but they will not comment any further. I offerred £10000 on a £42000 alleged debt but they will not accept and will not discuss any further and say a Claim (summons) was issued last Wednesday for the full amount plus costs. They are totally in contravention of the CML code (they have written to me to say they adhere to this code), in contravention of the Civil Procedure Rules by not supplying information requested and not attempting to settle out of court. They are in contravention of the OFT Guidelines on Unfair debt Collection practice but they just do not care. Currently they are a law unto themselves no matter what the costs. BEWARE BUT DON'T BE SCARED. I imagine I will have my day in court before you do and believe you me these people will be brought to book for the disgusting way in which they chase Mortgage Shortfall without proving the debt and in contravention of so many rules, and I hope sooner of later some governing body will stand up to them and tell them what they are doing is despicable and totally illegal.

-- (youwillnotwin@hotmail.com), February 14, 2004.

best of luck still waiting to hear from them

-- Ian Turner (ian.turner001@ntlworld.com), February 17, 2004.