Statute barred

[maccadad]

Hi I recently received a letter from a debt recovery agency offering me a discount, when I asked for details they divulged I last made a payment to them in December 2015, this I believe makes the debt statute barred, correct?
If I am right, and I tell them politely to go away will this affect my mortgage application in the new year?
Any advice would be very much appreciated.

[echat11]

If you haven't made a payment in the last 6 years and their has been no written acknowledgement of the debt in the last 6 years, then the debt is statute barred.

Amend / send the following letter, make sure you get Proof of Postage -

https://legalbeagles.info/forums/for...ed-debt-letter

[maccadad]

If you haven't made a payment in the last 6 years and their has been no written acknowledgement of the debt in the last 6 years, then the debt is statute barred.

Amend / send the following letter, make sure you get Proof of Postage -

https://legalbeagles.info/forums/for...ed-debt-letter

Thanks, but will it affect the Mortgage application?

[echat11]

Thanks, but will it affect the Mortgage application?

It shouldn't do as it wouldn't be on your Credit File if they defaulted you correctly.

[maccadad]

It shouldn't do as it wouldn't be on your Credit File if they defaulted you correctly.

Further to my original question, I have questioned the account via email, not yet owning it or mentioning that I believe it to be statute barred. I have been told that it relates to a HFC account I disputed at the time, but it has been secured against my house.
what are my options? Have they changed?

[echat11]

a) Are they saying it's a loan secured against the house?

b) You really need to give a summary in detail so we can get a better understanding.

[atticus]

How has this debt been secured against your house? This looks like being a key question.

Have you checked the Land Registry details for your property? What does the Charges Register show?

If this debt is secured, then the likelihood of having to repay it, plus accrued interest, increases.

[maccadad]

No it was a credit card debt, I had agreed a payment plan with MBNA but they sold the debt on without telling me. I continued to pay them £5 a month not realising that they were no longer owners. Turnbull Rutherford took out a CCJ against me and that was the 1st I knew that they had taken on the debt. I argued the case via the Ombudsman at the time but Turnbull still secured the debt against my property and harassed me at work and my wife at home.
HFC have not contacted me, nor have I made any payment since 2015.
Hopefully that explains my situation better.

[atticus]

It appears that you have a CCJ against you which has been secured by a charging order over your property. In that event, the question of a fresh court action for this debt does not arise, and therefore discussion whether such action would be statute barred is irrelevant.

Do you own your property jointly or in your sole name?

As previously asked:

Have you checked the Land Registry details for your property? What does the Charges Register show?

[maccadad]

It appears that you have a CCJ against you which has been secured by a charging order over your property. In that event, the question of a fresh court action for this debt does not arise, and therefore discussion whether such action would be statute barred is irrelevant.

Do you own your property jointly or in your sole name?

As previously asked:

I did receive a letter from the land registry people, haven’t checked online recently, I was looking to get it removed if it was still there, is this possible?
property is a joint mortgage, hence the harassment from Turnbull Rutherford towards my wife threatening her with the loss of our house.
In layman terms what are my options?

[atticus]

To give you answers, you need to obtain the Land Registry details for your property and then tell us:

What does the Charges Register show?

Do you own your property jointly or in your sole name?

[maccadad]

To give you answers, you need to obtain the Land Registry details for your property and then tell us:

What does the Charges Register show?

Do you own your property jointly or in your sole name?

Joint ownership as previously stated, this is what the land registry search states:
I don’t understand what it means?

RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Asset Link Capital (No. 5) Limited (Co. Regn. No. 07273996) of PO Box 107, Caerphilly CF83 9AD,, being the person with the benefit of an interim charging order on the beneficial interest of ******** made by the Wandsworth County Court on 16 February 2010

[atticus]

It is a "Form K" restriction. google it.

It means that on a sale of your property all that has to be done is notify that company of the sale by letter to the stated address. Then the buyer can be registered as the new owner.

However, if you are remortgaging, the lender may insist on the restriction being removed. That would probably entail payment.

[maccadad]

It is a "Form K" restriction. google it.

It means that on a sale of your property all that has to be done is notify that company of the sale by letter to the stated address. Then the buyer can be registered as the new owner.

However, if you are remortgaging, the lender may insist on the restriction being removed. That would probably entail payment.

Thanks, we are remortgaging sadly, I will look at the form K restriction when I get a chance.

[maccadad]

Just one further question, the CCJ and charging order was assigned to HFC , should I have received notification that it had been taken over by another company?