Hi

I have recently received a letter for Henderson Booth Snell in connection with a mortgage that I had with the Halifax back in 1994. Due to financial difficulties which were connected with a business I had the mortgage went into arrears. I vacated the property before it was reposed and then sold in 1997.

After six months I started receiving letters from the Halifax stating that the house was sold for less that what was owed and that there was a 24,717.67 shortfall. After about a 18 months the letters stopped and I heard nothing more.

The letter form Henderson & Co certainly came as a shock being 7+ years after the event. I understand that debt’s concerning mortgages are sold on but I am not in any position to pay this and think that bankruptcy is my only option.

What is my best course of action? (Oh! and please forgive me but can you explain what a SARN is and how this may help me).

I now live with my partner in her home with our two children. Although I am employed I am the sole bread-winner.

I would really appreciate you advice as this thing seem like a re-emerging dark cloud and is giving me sleep ness nights thinking that someone will soon be banging the front door down for this debt.

Many Thanks!

-- Horace Colphon (hmc7@breathe.com), January 21, 2004

Answers

Horace -

amazing how much your situation almost exactly mirrors my own - HB&S say I owe a 26k shortfall on my reposessed HFX mortgage in about 1997, blah blah blah!

1. read all the do's & don'ts on this site. They really help with formulating responses to HB&S's letters.

2. SARN = Subject Access Rights Notice - this is a right you have under the Data Protection Act (DPA) to see any info a company holds about you. Sample SARNS are held on this site. YOU SHOULD SARN HALIFAX!

3. Strict Proof. Noone can claim dosh from you without proving they are owed it. Again there is plenty of advice on this site without me muddying the waters with a rehashed (possibly inaccurate) explanation.

4. Time Barring. If it has been in excess of 6 years since your last contact with the Halifax, it may be that the Council of Mortgage Lenders (CML) code will mean they can't go after it (but don't get your hopes up) - again read this site extensively.

5. DON'T WORRY!!! you are not the only person currently going through this! I lost sleep when HB&S contacted me out of the blue late last year, but felt a hell of a lot better after I had taken some positive action. The first action being looking at this site!

I hope this is of some help.

-- other HFX victim! (hasanyonegotthisone@hotmail.com), January 23, 2004.