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Unregulated old Mortgage shortfall debt from 1993

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  • Unregulated old Mortgage shortfall debt from 1993

    Hi

    Wonder if anybody can offer any advice please.

    National Home Loans mortgage from 1989. Property surrendered in 1993. Property sold at auction with a 27,000 shortfall amount. Mortgage company traced me to new address in 1995. Set up monthly payment plan. In 2005 payments continued via Payplan.
    National Home Loans sold the debt to Phoenix Recoveries in 2010. Monthly payments continued.
    Phoenix Recoveries sold the debt to Arrow Global in 2012. Monthly payments continued.
    October 2016 left Payplan to self manage. Payments monthly are made to Arrow Global via Drydens Fairfax Solicitors.
    Sent data requests to both National Home Loans and Arrow Global. National Home Loans retain no file on their records. Arrow Global cannot supply an agreement or any documentation other than a notice of assignment from Phoenix.
    Arrow Global have sent Statements missing important information that I could request an answer to within 15 days. This was the original shortfall amount and a full statement of account. I have requested this as well and heard nothing. They said they would send what info they held and again I have heard nothing. They have referred me back to the original creditor for documents!
    I have since checked on the registers to find out if any default, order or CCJ was issued at any time and the answer is no. The outstanding balance is still in excess of £20,000
    Question is , where do I go from here please? Can I stop payments as they cannot verify the debt or the shortfall date or amount etc?

    Thanks. M.
    Tags: None

  • #2
    Re: Unregulated old Mortgage shortfall debt from 1993

    tagging [MENTION=48934]Debt Camel[/MENTION]
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Unregulated old Mortgage shortfall debt from 1993

      Well it won't be a CCA regulated debt, so not being able to produce the contract isn't a barrier to being sued. It seems clear that there was some form of contract, you have after all being repaying in for decades, but the question is what wouod rrow's chances be in court if they can't produce the contract or a statement of account? @Diana M @Amethyst @pt2537 any ideas?

      Comment

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