Drysden fairfax

[Manichouse]

Hi all,

Apologies for the long post!!

Newbie here and also new to this dca world! My partner of 5 and a half years has today received a letter purporting to be from Bank of Scotland introducing Drysden Fairfax as the collectors of a mortgage shortfall for a property he had repossessed back in December 2006. We checked his credit files towards the back end of last year beginning of this, due to him receiving chasing letters for phone contracts he never had. Turned out his ex wife had taken out fraudulent contracts. Anyway there was nothing showing on his file for any mortgage shortfall and as far as he was concerned when the property was sold it had made enough to cover all costs. Unfortunately he does not have paperwork from back then. When I met him and we got together he literally moved in with just his clothes. I am not sure how best to handle this with no information at best sketchy info from him. He has never made a payment towards this shortfall and has never admitted liability. I've read that the CML put a time limit on for 6 years if no contact after repo has taken place which he assures me it hasn't and as I have been with him 5 and half years I know this is the first time since we've been together. I'm not sure if they got a MLO if that's the right term and he can't remember as it was 8 years ago.

Can someone advise what we should do if anything? I do not want this at my home I have never been in debt with anyone so it's stressing me out!!

Thank you in advance ☺

[Kafka]

Re: Drysden fairfax

hello and welcome

The first thing to point out is that a mortgage classes as a contract under seal (secured) and so the Limitation period is 12 years (10 in Scotland) rather than the normal 6 for unsecured debts. While any mention should drop off the credit file after 6 years, the Limitation period doesn't end then and will still be active. I don't think that you can argue Limitation for this one.

What you need to do urgently is to send a Subject Access Request to the lender to obtain all the personal data they hold on him. He will need to provide proof that it is him and identify the account. The SAR will show you what the statements were and how it all ended up, as well as details of what was sold to Drydens if they claim to own it (you haven't said specifically). Because this has not been filed at court hopefully you will have time to receive the SAR - they have 40 days to comply.

[Kafka]

Re: Drysden fairfax

SAR details here but adapt to suit with evidence of identity at a new address. Cost is £10 but always worth it.

http://www.legalbeagles.info/forums/...otection-Act-)

[Manichouse]

Re: Drysden fairfax

Hi Kafka

Thank you very much for your reply. I am somewhat confused as below is a direct quote from the Council of Mortgage Lenders website regarding the 6 year thing.

The action that your lender takes will depend on the circumstances. A lender may or may not wish to seek repayment of the shortfall debt, but if they do they must notify you within six years.

So would the above not apply being as it's 4 days short of 8 years when he first gets contact? With regards to obtaining an SAR I will try but his attitude is let them try and get something. He has no assets it's all mine and does not have much money as I am the breadwinner. It does annoy me the attitude he has but that's him and I can't change it!

[Kafka]

Re: Drysden fairfax

Lets see what anyone else says, but that's my understanding of secured debts.

Your problem is that you don't have any of the data for this account and if they file at court then you will be struggling to get them to disclose documents in time. By sending the SAR in advance you can be fore-armed about what they hold and what has gone on. Obviously its his choice, but if you try to bluff this out you might come in for problem later as its often too late to get a response to a SAR when a claim has been filed. If that happens you can request details of documents mentioned in the claim, but that doesn't include everything you might need. the other thing you can do is request a copy of the credit agreement under the CCA rules, but as this was a mortgage its highly unlikely that the paperwork would be sloppy, as it often is for old credit cards and loans.

[Manichouse]

Re: Drysden fairfax

Ok will try and get him to do an SAR. I know ill have a struggle but unlike him I can't just ignore things! I am in the process of buying the house I'm in and also have children to worry about. I know his past will have no bearing but I am concerned if the try to go down the bailiff route and I then have to prove everything in my home is mine! Which will mean digging out many years worth of bank statements, credit card statements and stuff on accounts which I've closed down.

It's all stress which at this current time is not welcome!

Thank you for your input and the links I will get on those now ☺

[Kafka]

Re: Drysden fairfax

This is a good source that refers to the Limitation period being 12 years for the capital but only 6 years for any outstanding interest. Your problem is that you simply
don't know what this is if he thinks it was all paid off.

https://www.nationaldebtline.org/EW/...s/Default.aspx

[Kafka]

Re: Drysden fairfax

Another point with this is that the house was repo'd and so there will have been lots of charges added in the period leading up to that, and maybe more since. A lot of these (but usually not all) should be reclaimable and if the SAR identifies these then should it come to a court claim against you you can counterclaim for the charges that shouldn't have been applied.
Again, it's just being prepared for any eventuality and the SAR does a lot of that for you.

[Manichouse]

Re: Drysden fairfax

Ok thank you for that I've just had a look at the SAR link. I'm not sure who to write to and do i quote the reference that drysdens have used? Also do i request for them to send everything that they have on him?

Sorry for the questions but I've never had to do this before ��

[Kafka]

Re: Drysden fairfax

Ok thank you for that I've just had a look at the SAR link. I'm not sure who to write to and do i quote the reference that drysdens have used? Also do i request for them to send everything that they have on him?

Sorry for the questions but I've never had to do this before ��

You write to the Data Controller at the HQ of the lender for the mortgage.
I don't know if Drydens are using the account number, but explain what they have said (send a copy) and also be sure to give the details of the property and the period there. As you don't have full details and are at a different address, they will be naturally keen to have absolute proof that he is the legitimate person who held an account with them.

The SAR entitles you to a copy of all the personal data they hold on him so that should be sufficient to state. It's a statutory right under the Data Protection Act.

[Manichouse]

Re: Drysden fairfax

The link you posted above has a sample letter to ask the lender not to pursue the shortfall as over 6 years since sold and no contact. Can I send that to them and do i send that to drysden as well as rbos? This is their template

https://www.nationaldebtline.org/EW/...s/Page-12.aspx

[Kafka]

Re: Drysden fairfax

That's an interesting letter from a reputable body so I don't see why you can't send it.

Who claims to be the owner of this supposed shortfall? Do Drydens claim to have bought the account or are they acting on behalf of BoS?

It would be good to get some more input here for this as its an unusual case. might be worth bumping the thread up tomorrow with new posts to see if anyone else knows more.

[Manichouse]

Re: Drysden fairfax

Hi Kafka,

I have uploaded the leters he received yesterday, hopefully they can be seen?

I have omitted his identifying details but hope someone can help after reading them with the next steps that should be taken. I will get a letter typed up today requesting SAR from Bank of Scotland and they have given a full mortgage reference so will use that and send a copy of the letter along with the letter template for the over 6 year CML.

Should I send a letter to Drysden in the meanwhile telling them that we have requested an SAR and also the same 6 year CML letter? Also do I need to get my partner to physically sign the letter or can I just type his name?

Thanks for your help thus far much appreciated :-)

[wales01man]

Re: Drysden fairfax

Get the SAR sent off and get the Info you need the CML only advise not to pursue debts after 6 years although 12 years is the limit seems that BOS and Drydens are obviously acting within the 12 years expect them to at least send more letters maybe even take Court action.
Arm yourselfs with all the evidence of excessive charges ready to defend any action they MAY take.

[nemesis45]

Re: Drysden fairfax

Which provider was the mortgage with?