I am being pursued for shortfall by B&B using Drydens and have not posted anything recently as this case is following a set pattern and I have been able to use the existing information on this site to respond to their letters. I am at the make an offer now or we commence proceedings against you stage with them.

My query today is about Abbey National who popped out of the woodwork as well to pursue for shortfall on another property. (I left a partner who was to sell the properties and keep any proceeds but as you may have guessed he just did not sell, did not pay mortgages and then was repossessed).

I am unsure how to respond to this from Abbey:- They say, 'we would refer you to the spirit of the civil procedure rules and in particular pre-action protocols. Please clarify your remark "I do not acknowledge this debt". ' This is it in brief. I do not know how to reply without acknowledging the debt. Can anyone help?

Also, I have no share in any property, (it is my husbands only and always has been) no bank accounts or credit cards at all and have not had any for years. I do not work and will not do so as I have many dependents, young and old. Is it worth me telling B&B and Abbey this or should I just wait it out?

I live in Scotland now but the properties were repossessed in Wales and I have no idea if this is of any relevance or none at all!

Thanks in anticipation.

Pat

-- Pat Reynolds (preynolds1566@hotmail.com), October 20, 2004

Answers

Pat

Living in Scotland now I don;t think has any bearing as I imagine English/Welsh law will apply. But you need to check if the Abbey alleged shortfall is time barred. So you need to follow all the procedures set out on this website. First of all SARN them and take it from there. You could write back to them and simply advise you do not understand the contents of their letter and if they could use more simplified language. As always do state clearly that you do not admit liability for the alleged debt and have "without prejudice" as your heading.

But first and foremost you need to clarify dates and the 6/12 year rule issue.

Good luck

Moira

-- Moira (Anderston828@aol.com), October 20, 2004.

please anyone quote me if i am wrong but contacting a company about an alleged debt of any kind is not acceptance of liability just so long as you dont be fooled into making even the smallest of payments at all not even 1p as this counts as acceptance of liability in law and you would therefore be accepting the debt and the company can then pursue through the courts unless the debt is already statute time barred in which case you can still be pursued but nothing can be done legally against you, they cant repossess anything, they cant put a ccj against you, they cant send big ugly men around to the house to obtain your property....nothing

-- julianne (juliannesproston981@hotmail.com), October 27, 2004.