Heidi,(posted 7730 days ago)Can you tell us what date you first defaulted on the mortgage? They have 12 years in which to pursue you, usually starting from the 2nd or 3rd missed mortgage payment (subject, I believe, to the terms & conditions in your mortgage). You also need to check whether a money judgment order was issued, if it was, then (in theory) they can chase you indefinitely. It is also important to establish whether your ex has contacted the lender/debt collector. If he has made a part payment the limitation period can restart from the date of that payment for both of you (some people dispute this). Please also go to your local MP, if he isn't helpful try another one, for example Mike Hancock or one of the others who has signed his Early Day Motion 62 (see Home Repo Repossession page). Read as much as the Repo site as possible, particularly the Do's and Dont's. I would follow the advice there and put the lender/debt collector to strict proof of the alleged debt. Find out if the property was sold for a fair price, send the lender and all debt collectors involved a SARN etc. If you have no job and no assets it might be worth considering bankruptcy, it will cost 370 pounds. Next year the Enterprise Bill (the part in respect to insolvency) comes into force, many of the archaic restrictions will disappear and a bankrupt will be discharged from somewhere between 3-12 months, except where deliberate fraud has taken place. This will get these b******s of your back for good and allow you to continue looking after your son in peace. I am not a professional adviser so please also get expert advice. Try the CAB or NAMV or a solicitor experienced in such matters, I would avoid one who carries out conveyancing work, for obvious reasons.
Hope this helps. If you have any other questions just post them up. Good Luck.
Mark.