halifax are not being co-operativegreenspun.com : LUSENET : Repossession : One Thread
My husband bought a house with his then wife in 1992. He left in 93, and signed everything over to her in the divorce. He thought it was all dealt with until 2002 when we started getting harrassing letters from Halifax's solicitors CIS. We were very naive, and scared at the prospect of going to court so we replied to ask what it was all about. (Silly, I now know!) Even though his ex-wife had tennants in the house paying rent for 4 years she failed to keep up the mortgage (despite having an very well paid job) and agreed to voluntary repossession in 1996. At no point had my husband been told about this until now. We have been arguing with Halifax for 2 years now and they refuse to contact his ex-wife regarding this. We served a SARN on them and all they sent was a dozen or so pages of computer printouts (most of them duplicated 3 or 4 times). There were no copies of corresspondance or even a copy of the mortgage deed even though they say they have sent letters to him repeatedly over the last few years. We then asked them for eveything else but we got a letter back today saying there was nothing else we could have because of the Data Protection Act. Surely if it's about him, he's entitled to see it? Where do we go from here? Please help, your advice has been so helpful to other forum users.
-- elizabeth harris (firstname.lastname@example.org), May 05, 2004
As I understand it it is very difficult to get ones name removed from a joint mortgage, was he told by the solicitor handling the divorce that this had been done ? Has he got it in writing ? Perhaps this is an issue that should be raised with the divorce solicitor. Maybe a complaint to the Law Society is in order. Bad advice seems to have abounded in the early 90s.
In respect to the Sarn, have you seen my example sarn letter on the "Repossession" page ? It's about 7 items down and gives a list of items required (though these are requested under the CPR). I'll also email further info on the non compliance of a sarn by the creditor and what you should do.
I think you should continue to put the lender to strict proof of the debt. Did they sell the property for a fair price ? Can they justify all the costs ? How was the house marketed and sold and at what price? etc. Be very careful not to acknowledge the debt in any communications always put "This letter/doc under does not constitute an admission of any liability and is not an acknowledgment of the debt." otherwise you may restart the limitation period (see previous postings on acknowledgements). Usually, the best solution is to try and agree a nominal "ex gratia" settlement. I would recommend you read as many postings as you can on the Q&A site as most of the 'usual' questions have been answered already a number of times. Good Luck.
-- M Amos (email@example.com), May 05, 2004.