Halifax Mortgage

[Beachbaby]

Hi this question is not for me but for a disabled friend. I am not sure where it should go. I have to go out now so won't be back till later.

My friend and her ex husband had their house repossessed in 2000. This left an £11k shortfall on the mortgage. I discovered yesterday that they are still hassling them for the balance some 14 years later when there have been no payments for at least 9 years. She has been responding to their letters though when they write. Will this have caused her problems? I would have expected it to have been statue barred by now but that the DCA are just trying it on? Am I correct here in this assumption or are mortgages different. I thought the only debts that were never statue barred were taxes including VAT and child maintenance?

[PlanB]

Re: Halifax Mortgage

If the court made a money judgement at the time of the possession order then I'm afraid there is no time limit for recovering the shortfall. The money judgement would be the same as a CCJ which never goes statute barred.

If there wasn't a money judgement then the lender has 12 years to start legal proceedings although any lender who is a member of the Council of Mortgage Lenders (such as the Halifax) will have voluntarily agreed to reduce that to six years.

http://england.shelter.org.uk/get_ad...mortgage_debts

[Beachbaby]

Re: Halifax Mortgage

Thank you so much x

[PlanB]

Re: Halifax Mortgage

Thank you so much x

I haven't finished yet, in fact I've hardly started. That was just the worst case scenario legally speaking, I'm sure there's more I can do to help once I know the full story.

I have to say that 14 years is a long time to pursue a mortgage shortfall, so I think it's high time the lender or their DCA were told to back off especially as your friend is disabled.

I'll ask you some questions about the situation after the weekend so we can see where this heading.

This was presumably a joint mortgage since your refer to her "ex-husband" or am I being sexist Why are they pursuing her and not him? I know they can (legally speaking) chase either or both, but if it was his mortgage too then it was his shortfall too.

PlanB x

[Beachbaby]

Re: Halifax Mortgage

I haven't finished yet, in fact I've hardly started. That was just the worst case scenario legally speaking, I'm sure there's more I can do to help once I know the full story.

I have to say that 14 years is a long time to pursue a mortgage shortfall, so I think it's high time the lender or their DCA were told to back off especially as your friend is disabled.

I'll ask you some questions about the situation after the weekend so we can see where this heading.

This was presumably a joint mortgage since your refer to her "ex-husband" or am I being sexist Why are they pursuing her and not him? I know they can (legally speaking) chase either or both, but if it was his mortgage too then it was his shortfall too.

PlanB x

She is in her late 50s, he is late 70s and we think they are pursuing them both, or we are assuming they are. I did suggest to her that she goes to CAB with her paperwork but then it occurred to me that she should perhaps join here and get some help with it.

[PlanB]

Re: Halifax Mortgage

it occurred to me that she should perhaps join here and get some help with it.

Yes please

[Beachbaby]

Re: Halifax Mortgage

Yes please

I've messaged her on the Book of Face! Hopefully she will join, I've given her my name here so she can give me as a reference should she need to x

[PlanB]

Re: Halifax Mortgage

She is in her late 50s, he is late 70s and we think they are pursuing them both.

I wonder how many years were left until the mortgage term would have expired. If your friend's husband is now in his late 70s there may be a possibility that the loan was due to end after he reached his retirement age. If he had no way of paying that mortgage after he retired (pension or savings etc) then this may have been a case of irresponsible lending in the first place.

You just need to find one stick to beat them with.