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Old 13-04-2011, 22:10   #52
007stuart
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Join Date: Feb 2011
Location: Glasgow
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Re: Need some housing advice.

Quote:
Originally Posted by AdamD View Post
Thanks all for the advice.

My credit report now shows two late payments, not sure if there's any late ones this month so far.

But we've had numerous debt collection companies calling for my uncle of late, Amex, Albion, Risk Management Alternatives, Lloyds Gym and another who's name I forget.

Everytime they call here, he rushes to the phone and says "No David isn't here at the moment".

We had a call 10 minutes ago and the conversation went like this.

David: Hello?
David: No, who's calling?
David: Oh, no he's not here at the moment
David: I'm his brother...no, he hasn't told me about that.....really? No I had no idea
David: How did you get this number? Well he hasn't had email in years, so that can't be right, does he know what this is about?....well I had no idea, but he's not here, so you'll have to call back later.

He hangs up and usually repeats that type of conversation the next day when they call.

We've confronted him about it and he always has an excuse and it's usually someone elses' fault, be it his partners, the banks, or some "miscommunication".

So, I have a question

When we bought this house, the mortgage was 138k and my dad put down a 40k deposit.

If the debt collectors come calling, could they take (A) the house and (B) the original deposit my dad put down?
As long as the debt collectors are trying to collect unsecured debts then it is not possible for them to sell the house to repay your uncle's debts. Likewise you or your father are not responsible for these debts unless they are in joint names with your uncle. They should also give no information to any one other than the debtor when calling. (data security act)

Did you make provision for the distribution of the sale proceeds in the original purchase agreement as it may be that the equity now may have to be split equally between the three of you on sale of the property

Does Santander have a Head Office Arrears Department as nowadays the bulk of mortgage arrears administration is carried out in an admin/head office. location. Speak to them immediately, the branches are no more than shops so the staff get no credit for helping hence the total disinterest.
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