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Mortgage Shortfall - After six years

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  • Mortgage Shortfall - After six years


    Around September 2008 my bank pulled a business loan which closed my business. In October 2008 I defaulted on my mortgage. The mortgage company obtained a possession order with money judgment (£382k) in April 2009, but it was suspended due to DWP kicking in. In September (conservative gain power) my DWP was halved and action started again. I stopped this a number of times due to discrepancies. In March 2011, I was given an eviction order, but I was saved by a six-month contract for work. In February 2012, not being able to find more work I was evicted. The house was sold a few weeks later (to my client… another story) for £385k (house was worth £600k).

    I heard nothing after this. No contact. Not even a statement from the sale. In 2015, I noticed a debt of £15k on my Experian account. After 6 years it disappeared. In November 2017, I was offered a job in Scotland. I realised that I just have enough time to try and buy again as I was 60 and the house prices are cheaper. I bought a house with my wife. In November 2019 a charge (Money Provision and a Schedule of Inhibition) was put on my house by the previous mortgage company. This was followed by an order (Charge for payment) to pay £15k for a shortfall against the original money judgment of 2009. I instructed solicitors in Scotland to halt the action and find out what grounds this action has been taken, as I understood this had to happen within six years. They have told me that I was untraceable in the six years, which is not true. I had a bank account, PayPal and two credit cards. All of which showed up my address on Experian.

    So my questions are:

    What do I need to do, to show they could have contacted me at any time? I still have letters received during the period from other debtors.
    Can the money judgment be varied? The order was for £382k. My house sold for £385k. So they are trying to claim £385k + £15k = £400k.
    If they can take action after 6 years, am I not entitled to show that they undersold my £600k house?
    Are they not breaking guidelines set by the FCA and MCOB?

    Kind regards