URGENT!! I have had a letter from the solicitors acting for Britannia BS threatening bankruptcy re a mortgage shortfall debt (approx £32k).(posted 8234 days ago)The first letter I received from them was in July 2000. I received some more after thsi date but choose to ignore them. Then the wrote to me and threatend bankruptcy! I to responded in 2 ways:
1. I wrote back to the solicitors pointing out that they were outside the six year limit citing Hopkinson v Tupper case. Also I indicated that all members of the CML had agreed not to pursue cases over 6 years. Their response was that no precedent was set in the Hopkinson case and so the 12 year limitation period still applies. And, that they fisrt try to contact me (at a different address) in Feb 1998 and the CML ruling applied from Feb 2000, so that they are obliged to recover the shorthfall debt! They have also offerd to write-off £27k and would accept £5k in settlement - but I must do it within 28 days.
2.The second way in which I responded was to write a letter of complaint to the Chief Executive, Mr Bernstein, of Britannia BS expressing my disgust at the way their solicitors are acting and sending out threatening letters.I also pointed out that Brittannia BS was violating the European Convention on Human Rights!
Suffice it to say I never got a reply back from the Chief Exec. I did not even get a reply from the Society itself. The letter had been passed back to the solicitors to handle! The building society handed a letter of complaint about their solicitors back to thier solictiors to deal with - can you believe it! I got the solicitors reply this week in which they say I have not responed to many letters they have sent and that they have tried to contact me since Feb 1998 (this was at an address which I moved out from some 10 years ago!!). They go on to say "You [I] have had ample opportunity to making proposals for payment but have failed to do so and our client is perfectly justified in regarding this as evidence of your [my] insolvency". They conclude the letter by "This matter is not closed and this debt will be pursued until either a Judgement is secured, a bankruptcy Order obtained or I make satisfactory proposals for repymant of the debt by 12 October 2001". The tone of their letter suggests that they are not happy about a letter of complaint being sent to the Chief Exec of their client!!
FACTS -The house was sold in June 1991 -I volunterred the keys of the house -I left a forwarding address with local building soc manager. -I was told by manager that this will be the last I hear of the matter -The first letter I received at my current address - July 2000 -They claim their first letter to me was sent Feb 1998. -Shortfall £32k -They will settle for £5k
PLEASE ADVICE ME IF: - Has anyone had experience of Brittannia BS and/or Hammond Suddards solicitors? - What is the likely action they take under these circumstances? - What are my options? - What is my best course of action? - Am I making things worse for myself by complaining? - Should I make a complaint to the CML/Law society? - Any other useful advice
I am worried about this an would appreciate help and advice urgently, from people who have been through this.
thanks Peter