Struggling to keep up some days

[Joanna Connolly Solicitors]

Mortgage shortfall: I sent all my medical proof to the DCA that was dealing with the shortfall they have written to say the matter is closed, however mortgage company still updating default on credit file

That's such good news about the mortgage shortfall especially since it was an £80k debt!

If this was a joint mortgage the lender may still chase your ex for it since they would have been jointly and severally liable.

I'm glad everything else has gone quiet so you can see a light at the end of the tunnel and it's not an express train coming towards you

Di

[The Tech Clerk]

Marly thank you for the update hope the situation stays the same till statute barred etc

[Marly]

Hi The Tech Clerk,

Sorry for not updating on here, I have mostly updated my diary. I haven’t really been around as much as while it relatively quiet I have been putting it to the back of my mind.

the situation to date is:

Mortgage shortfall: I sent all my medical proof to the DCA that was dealing with the shortfall they have written to say the matter is closed, however mortgage company still updating default on credit file, but have from them.

The 1st credit one (formally Halifax, which Niddy said was unenforceable for now) that was with their legal department has been sent back to collections and they have decided after reviewing account not to take court action at this time. I have received massive box from Halifax SAR but not had time to properly look at it as there are literally reams.

still heard nothing from Link

Both Cabot ones are in default of CCA still, so have had no contact.

Its great to be able to finally breathe a bit, however, I know I still have a long way to go. That said, I do feel much more in control now thanks to you all

[The Tech Clerk]

any update of this one?

[Marly]

Thank you, I have resent it to you.

[Never-In-Doubt]

I am not sending anything to Link as I'm going to let sleeping dogs lie, there for now. I am right in thinking Barclays should have defaulted it before selling on?

I have no idea who owns the Tesco credit card, and loan as Cabot wrote with a letter from Tesco to say Cabot were managing on their behalf, however, my noddle report is showing Cabot own it?

I have received reconstituted agreement from 1st credit and have emailed that for checking.

I also have a rather large mortgage shortfall £80k from a property my children and I were rehoused from by the council due to DV, even though we left I carried on paying the mortgage for over a year until my ex broke into our new home and attacked me, and I then had a heart attack. I have been in communication with them and they have asked for a letter from doctor concerning my health issues, which is why I was just going to send the same info to them all, in the hope that I can F&F them and relieve some of the stress as its not good for any of my conditions.

1. Barclays can sell a live debt if they want (to a debt purchaser) - or even pass it to a third party to run on their behalf (a debt collector).
2. Cabot showing on your CRA means they are now assignees so it is them who you would contact from here on in, however you would send for a SAR (if ever needed) via Tesco - not the DCA (always SAR the original creditor in all cases).
3. Cabot cannot do that much - see post here (https://www.all-about-debt.co.uk/for...ts/33536-cabot)
4. Can you resend the CCA as I don't seem to have one from you? webmaster@all-about-debt.co.uk
5. The mortgage shortfall is a different issue, however if you have no assets and want to get rid of all this once and for all then there's always an option to consider a more formal option such as BR - also remember the mortgage shortfall can be sought for 12 years - not just 6 like normal debts.

[Marly]

I am not sending anything to Link as I'm going to let sleeping dogs lie, there for now. I am right in thinking Barclays should have defaulted it before selling on?

I have no idea who owns the Tesco credit card, and loan as Cabot wrote with a letter from Tesco to say Cabot were managing on their behalf, however, my noddle report is showing Cabot own it?

I have received reconstituted agreement from 1st credit and have emailed that for checking.

I also have a rather large mortgage shortfall £80k from a property my children and I were rehoused from by the council due to DV, even though we left I carried on paying the mortgage for over a year until my ex broke into our new home and attacked me, and I then had a heart attack. I have been in communication with them and they have asked for a letter from doctor concerning my health issues, which is why I was just going to send the same info to them all, in the hope that I can F&F them and relieve some of the stress as its not good for any of my conditions.

[Spud]

Ask away....

You have found the template letters so that's good.......So that I can get it clear, what is it you are looking for or wanting to send?

At the minute and from memory ( I need to check your diary) the next step is to request/inspect agreements etc ( I think you had received some CCA replies) to see where you stand prior to making any decisions or sending letters

I would advise against sending any letters out to creditors until you can see your position etc

[Marly]

That's good, as m great at asking stupid questions.

I cant seem to find any template letters on here for ill health. I have upgraded to the AAD+ and can see others, am I missing something?

Thanks

[Spud]

No problem

It takes time to get things together so baby steps is the way forward.....a positive step each day will make things seem so much brighter and get you back in control

Once you have assembled your half a rain forest of letters for each account try to file them in a folder in date order etc and keep any envelopes with the date received written on them for future use

Anything you need to ask.....ask away.......there is no judgment on AAD and the only silly question is one that is never asked

[Marly]

Thanks Spud,

I have made a start on the diary and put one up, need to get the letters together for the others.

[Spud]

As Cym said, Your absolute priority is to your health and family

As bad as things sound to you, I can see some real positives in your situation, especially with debts being sold off and if you have not paid/acknowledged them for some time, That could be a very good thing

What I would say for now is not to make any contact with creditors until we can see the full situation

I appreciate that things are really draining and difficult at the minute but do take the time to put the accounts up into a diary so that members can assist and we can get you back in control

I speak from personal experience but once I joined the site and could see the path ahead it made things so much better

[Marly]

Thanks you, I will take a look and try and make a start on the diary.

[cymruambyth]

Welcome to AAD, your health and family must be you priority. If you try and take control it may help you to feel stronger. Have you read the diary section? https://www.all-about-debt.co.uk/for...bility-diaries
If you set out all your debts in the format shown you will get help and guidance over how to deal with this part of your life. We have numerous template letters that will help to deal with different situations and are able to securely check agreements.
Good luck

[Marly]

I forgot to mention, I did send a CCA off from a template letter I found online and they returned reconstituted "true copy" which even with my cognitive disability I can tell it isn't from 2001, I haven't replied to them to them yet though as I dont know what to say and cant find a draft letter