I have received two letters from eversheds (Rachael Davies) the first received in March 2003 claiming an £18500 deficit for a possession of my property that was sold in December 1996. The second recieved in April 2003 requesting a personal financial declaration. Please help There is so much information on your site that I am becoming confused as to where to start. So far I have not responded dispite them even leaving a telehone message on my answering machine. I've had no luck with a Solicitor or the CAB in getting things moving. Does the 6 year rule apply? Do I have to write tothat effect and do I still have to write to get them to prove the claim? Your help is much appreciated

-- helen rex (a.rex7@ntlworld.com), May 07, 2003

Answers

Helen,

I would suggest you start by reading the Do's and Don'ts section on the Repo site. Don't fill in a financial declaration at this stage. Be very careful not to acknowledge their alleged claim (otherwise you may restart the limitation period), make sure you always state that you dispute their claim and deny liability in any communication with them (this goes for anyone acting on your behalf too). Get everything in writing don't speak to them by phone. I would also recommend you read previous postings. The lender has 12 years to chase you under the Limitation Act 1980, usually from the 2nd or 3rd missed mortgage payment (you need to check the terms & conditions of your mortgage to be sure). If a Money Judgment Order was issued (MJO) then, in theory, the lender can pursue you indefinitely. Yes, make the lender proove the debt. You could start by asking the lender for the required documentation (as listed on site), if they don't co-operate you should SARN them. If your local solicitor/CAB haven't been able to really help, you could try the NAMV or the Mary Ward Legal Centre. I have a few other names if you like. Another thing to bear in mind is that if you had a joint mortgage the other partner can acknowledge the debt (restart the limitation period) for both parties by making a part payment. Get your local MP involved too (particularly if you consider that your property was undersold and they won't provide docs), if he/she's not helpful try one listed on Mike Hancock's EDM62 (see Repossession page). If you can sign the Shortfall e-petition even better. Hope this isn't too confusing. Don't worry you're not alone, if you have any more questions just post them up. Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), May 08, 2003.