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What solicitor is best?

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  • What solicitor is best?

    Hi all,

    I really, really could do with some advice on what solicitor would be best to speak with.

    Basically, a brief overview:

    Met current partner 2009, moved in together 2010.*
    Forward to 2014 letter out of the blue from Debt Agency chasing a £13.5k mortgage shortfall from a repossession in 2006 - Partner had no idea of any and I certainly didn't!*
    Spoke to National Debtline, advised to send one of their templates requesting info and DPR, both sent and £10 was cashed.
    Heard nothing further from the lenders organisation until mid 2018 with a new debt agency chasing, refused to engage until we received the DPR originally requested.
    DPR finally sent across Jan 2019.
    Got Financial Ombudsman involved and suffice to say they say the lender hasn't done anything wrong, its partners fault he didn't provide a forwarding address in 2007
    I don't believe they have done adequate debt recovery and the gap between 2014 - 2018 is not our issue as they have to prove its owed?
    Done a bit of digging, all capital was repaid at sale of property, its just interest and costs so I believe this falls under 6 yr limitation act but*Lender states the template originally used in 2014 is my partners acknowledgement of debt - because it asks too many questions......????*

    FO will not budge from decision but has given the option of me requesting a final decision, so I really need to get advice as to whether I should do this or not and also what type of legal advice I need as I am unsure of what solicitor I need to speak to,

    Any help would be massively appreciated as I have tried dealing with this entirely and I'm worried I may have missed something*
    Tags: None

  • #2
    Originally posted by Whatevernext View Post
    Hi all,

    I really, really could do with some advice on what solicitor would be best to speak with.

    Basically, a brief overview:

    Met current partner 2009, moved in together 2010.
    Forward to 2014 letter out of the blue from Debt Agency chasing a £13.5k mortgage shortfall from a repossession in 2006 - Partner had no idea of any and I certainly didn't!
    Spoke to National Debtline, advised to send one of their templates requesting info and DPR, both sent and £10 was cashed.
    Heard nothing further from the lenders organisation until mid 2018 with a new debt agency chasing, refused to engage until we received the DPR originally requested.
    DPR finally sent across Jan 2019.
    Got Financial Ombudsman involved and suffice to say they say the lender hasn't done anything wrong, its partners fault he didn't provide a forwarding address in 2007
    I don't believe they have done adequate debt recovery and the gap between 2014 - 2018 is not our issue as they have to prove its owed?
    Done a bit of digging, all capital was repaid at sale of property, its just interest and costs so I believe this falls under 6 yr limitation act butLender states the template originally used in 2014 is my partners acknowledgement of debt - because it asks too many questions......????

    FO will not budge from decision but has given the option of me requesting a final decision, so I really need to get advice as to whether I should do this or not and also what type of legal advice I need as I am unsure of what solicitor I need to speak to,

    Any help would be massively appreciated as I have tried dealing with this entirely and I'm worried I may have missed something
    When was the property finally sold? It seems to me the company may have fallen foul of limitation, and therefore may not be able to recover the debt at all. Especially if limitation has expired.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Hi,

      Thanks for your reply, it was sold in 2006. I have already told them this year I believe it is statute barred but they are adamant that it isn’t as partner “acknowledged’ the debt by sending in the template asking too many questions**

      Comment


      • #4
        Have you a copy of the template ? Was it just a general SAR sent off the back of the letter they'd sent your partner in 2014? Or did it include denial of the debt and details not included in their letter ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Hey,*

          I have attached the exact template letter used, redacted all personal info, it was the one National Debtline told me to use*DFHold051214 Redacted.docx*and *I also sent through a Data Protection Request* SAR051214 Redacted 2019-12-05 17_57_04.pdf*then we heard nothing back until 2018.......

          Thanks :-)*

          Comment


          • #6
            Please can you recommend what type of solicitor it is that would deal with something like this? I am stuck as to what type of legal this would fall under, thanks in anticipation.

            Comment

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