3rd time lucky!!...New Debt Collectorsgreenspun.com : LUSENET : Repossession : One Thread
Sorry...put 2 dots after msn last time!!
I like many people on here have had a house repossessed (10 years ago!!).I have received many letters from the Halifax about the shortfall which is £24K..to this day i have never replied to any of the letters from either the halifax or their debt collecting agency which was Counselling intermediary services,however i have today received a letter from the Halifax saying that i will be hearing from Direct Legal& collections shortly. My dilema is...Do i now issue a SARN request or do i continue to ignore these people.
-- Glenn (firstname.lastname@example.org), November 19, 2004
You say that your property was repossessed 10 years ago, have you looked into whether this alleged shortfall is now statute barred ? Is there dual liability involved ?
-- M Amos (email@example.com), November 20, 2004.
Mark, Yes there was dual liabillity involved,once the collectors realised they couldnt get any response from me they then turned their attentions to my former partner and started sending her letters etc etc..I have found out that she had returned to them the dreaded expenditure forms completed!!,so i guess that this is acknowledging the debt even if it is not from myself??. I also believe that because it is not worth pursuing her they again have turned their attentions back to me.
-- Glenn (firstname.lastname@example.org), November 20, 2004.
Your former partner will only have acknowledged the debt for you if she has made a part payment, she cannot acknowledge the debt for you in writing. I can find you the relevant bit in the 1980 Limitation Act if you like. Also the debt cannot be acknowledged after the 12 year period has passed - too late (providing no acknowledgement has been made within the 12 years, of course)
-- M Amos (email@example.com), November 26, 2004.
Thanks Mark, Please let me have any info that you can, in the meantime i guess i just sit tight and cary on ignoring the new D/C'S??.
-- Glenn (firstname.lastname@example.org), November 26, 2004.