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Do I need to be worried??

#1
I moved into my current house just over a year ago. The previous occupants, a husband and wife combo selling due to divorce. Last week the wife gets home and doing the usual woman thing of more than one thing at once (and doing them all badly) she opens a letter addressed to the previous occupant (the guy). We get them all the time and usually just bin them.

However, on this occasion she reads said letter. It turns out to be from a mortgage company adressed to both the previous occupant of our house and some other guy confirming the interest rate, amount paid off in the last finantial year and payments for this coming one, all on his property, you guessed it, the one we now live in.

Just ensure no error has been made the wife rings up the mortgage company to tell them the address is wrong, only to be told that this is the only address they have registered for this bloke.They obviously would not discuss things too much but did say that a warning marker would be put on the account.

So if i have got it right, he has a mortgage secured on a house in which he no longer lives and the only postal address for this mortgage account is that house, now occupied by my family and I.

To that end, do i need to be worried? If he defaults on his mortgage payments can I expect a Baliff knocking on my door? Any advice would be appreciated.
T24D
 
#2
Hi, sorry about your letter. The best way to get peace of mind is to contact the Land Regestry and ask if there is a charge against your address. Hopefully it will br your mortgage (if you have one). The LR will give you any details you require, but there is a small charge. Or speak to your Mortgage Company. Hope this is of help....
 
#3
Also, try to source some free, expert Legal Advice. Citizen's Advice may be a good starting point and most local Law Practices have free sessions which may help.

Are you the tenant or owner?
 
#5
RTS the letter and attach a letter explaining that you are the new owner of the house and the previous owners have moved on. By the way, officially, you are not supposed to open letters not addressed to you. As has been stated, take it up with your current mortgage provider. I would also send another letter (registered) informing the divorced couples mortgage company that the previous owners have sold the house and moved on, that way if the mortgage company sends the bailiffs round, they will be in breach of the law as you have informed the company of what the previous owners have done and they should have taken action to find them.
 
#6
All good advice, many thanks. Cabana, I have no idea who the divorced couple's mortgage lender is as the letter relates only to a mortgage taken out by the husband and some other guy. I understand the legalities of opening mail not addressed to oneself but this was done in error. Would RTS of said letter in itself possibly cause us more problems??
 
#7
Mark the Letter "Opened in Error" and return it to the sender stating that the the addressee is "Not Known at this Address" that puts you in the clear about opening the letter, but copy it just in case
 
#8
As tropper66 said, just mark it opened in error (and definatly copy it). They can't do much about that anyway, but definatly RTS with a not known at this address all future letters.
 

samm1551

Old-Salt
Book Reviewer
#9
If I am honest I would try and dig out the paperwork regarding the purchase of this property. If you can find the solicitors that the vendors used then contact them. This either is an error (ie redemption figure provided to sols was inaccurate), or the solicitors are negligent in not repaying the secured loan. If it is none of the above and the loan was taken out after the house was sold to you the applicants have committed fraud. I know your wife has opened the post in error, but it was error not done deliberately and I am sure that solicitors would be reasonable regarding that.
 
#11
Years ago I moved into a council owned flat and found the usual huge pile of letters and junk inside. Thinking Iwas being responsible I RTS'd them all with a little comment that they had gone away. Thus began a long saga of debt collector letters and visitors all thinking that I knew the pervious occupant(s). Which I didn't. Later, Barclays Bank got a court order to send bailifs around to sieze goods saying they would come any time soon and would add their fees to the debt(s). Leaving me to have to visit the bailifs office at the County Court and explain everything to them and make a statement. Lucky that I did as bailifs were on their way while I was there! The whole thing took over 3 months to resolve.

Since then I always tell people to open everything that arrives, who ever it's addressed to, in case there's a world of trouble heading your way.
 
#14
It's self explanatory, it will list encumbrances, including your mortgage company. If there's a name there you don't recognise then see a lawyer.
 
#15
New Development.

Have discovered through his mortgage company today that the mortgage is not on my house but another address in a nearby town. The only address they have for him however is still mine, so i guess this changes things slightly.
My plan now is to RTS the letter (marked opened in error) with a letter of my own stating that no one of that name is resident at this address and request they acknowledge this in writing. Good Plan??
 

BuggerAll

LE
Kit Reviewer
Book Reviewer
#16
New Development.

Have discovered through his mortgage company today that the mortgage is not on my house but another address in a nearby town. The only address they have for him however is still mine, so i guess this changes things slightly.
My plan now is to RTS the letter (marked opened in error) with a letter of my own stating that no one of that name is resident at this address and request they acknowledge this in writing. Good Plan??
No need for an acknowledgement as long as you send it by Special Delivery FKA Registered Letter.
 
#17
No need for an acknowledgement as long as you send it by Special Delivery FKA Registered Letter.
Why's that then?


6.1 If any item you have posted under this agreement is lost or damaged while it is with us, and you provide satisfactory proof that you posted it and we received it, we will pay you compensation for the item and its contents based on the actual loss you suffer.
 
#19
Open all iffy letters that arrive, **** what people say.

The pleb I bought this house from was into collection agencies and local courts for tens of thousands, after a couple of early knock ups by soon fucked off bailiffs I traced him to a residential caravan park in Congleton and signposted every single enquirer to him.

You need to get this confirmed asap, it may even be worth spending a few quid on some specific advice to get it squared away properly, not some half informed opinions of the CAB.
 
#20
Hey mate,

As a law student I think I can give some advice (1 month to go woop). I take it you bought the house from the fact they were selling in the first place? And would guess at current climate that you also have a mortgage on the property? If so your solicitor would have dealt with all this in your conveyance, so do not worry about any claim the mortgage company may try on your property they do not have a leg to stand on legally. It is also not your duty to chase up the previous owner, and no-one would expect you to. Just send the mail back stating that they no longer live at your address.

Simples

and good luck :D
 

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