[ Post New Message | Post Reply to this One | Send Private Email to M Amos | Help ]

Response to National Home Loans through Allied International Credit are demanding money are they acting legally?

from M Amos (idgroms@hotmail.com)
Steve,

I'm glad that you have been careful not to acknowledge the debt,well done. Have you checked out the CML 6 year voluntary code angle ? The CML state "Anyone whose property was taken into possession and sold more than six years ago, and who has not been contacted by their lender about recovering any outstanding debt will not now be asked to pay the shortfall." See: >http://www.cml.org.uk/servlet/dycon/zt- cml/cml/live/en/cml/pub_info_dept< Subject to the lender being a CML member, which I understand NHL are. If I were you (given that it is often difficult to get lenders to substantiate their claim) I would write to them again (making sure not to acknowledge the debt, just in case) and say that the alleged shortfall is a)statute barred under "Bristol & West v Bartlett", July 2002 and b) falls under the CML 6 year voluntary code. Put the burden of proof on them and then wait and see what they come up with. Please let us know how you get on. If it is statute barred don't forget the alleged debt won't disappear, it will just lie there as it were, it just means they can't force you to pay it through court action.

Mark.

(posted 7598 days ago)

[ Previous | Next ]