Mortgage advice wanted please

[darreninnz]

My partner has a mortgage and even though she's never defaulted, it was sold to different mortgage company last year.
I was wondering--as it was sold without her having to sign anything, does that mean that no contract exists and that unless they can provide us with the proof of debt(contracts signed by a third party etc) the mortgage in effect doesn't exist.
I'd be very grateful for any advice.

P.s I've already sent the first and second letter to Link financial regarding a credit card debt and so far have had a couple of nothing letters in reply. I'll let you know if i win,even though in my mind i already have because they were about to put a charge order on her house, and now- no mention of it.

[relentless]

Have you or you're partner had ANY contact with the new company?

[darreninnz]

None at all, we asked to goto an interest only mortgage but chose not too when we realised we'd have to sign something.
Thanks for replying.

[darreninnz]

Sorry just re-read your post, thought you said contract.

[relentless]

Well I asked because contact can quite easily become contract, no signature needed.

Just ask to see the contract between you and the new agent, and don't say anything else.

[darreninnz]

After reading your reply the first time i realised that a contract may come into effect with a telephone call. I totally agree with your reply though because they would have to provide proof of the call to provide proof of the contract. I could always leave it a couple of years and hope they've deleted all their calls lol.
Thanks very much for your help.

[miked]

Hi there

I am in the thick of possessions proceedings with a mortgage company and have a similar situation in that my original lender sold on the debt. This happened over a year ago and since then I have learnt a lot!

My current position is that I have rejected the money systems almost completely. I pay no utility bills, council tax, car tax etc, and I have stoppped paying my mortgage on the grounds that it is a fraud.

I stopped work almost 8mths ago after an injury at work. I was eligible for benefits which included but was not limited to me receiving payments towards most of my mortgage! I have rejected the lot!

I get no money from no one and use no banks.

There are many claiming against me with a view to seizing my 'property' or having me sent to prison.

My heart feels closer to peace than it has ever fealt

[darreninnz]

Well done Miked,i hope it all works out good for you.
Surely there is no difference in a credit card company selling your debt and a mortgage company so keep up the good work and don't be(not that i think you are in the slightest) intimidated by these crooks. I know what you mean about your heart feeling peace, its great.
Keep us up to date.

[number_6]

My partner has a mortgage and even though she's never defaulted, it was sold to different mortgage company last year.
I was wondering--as it was sold without her having to sign anything, does that mean that no contract exists and that unless they can provide us with the proof of debt(contracts signed by a third party etc) the mortgage in effect doesn't exist.
I'd be very grateful for any advice.

P.s I've already sent the first and second letter to Link financial regarding a credit card debt and so far have had a couple of nothing letters in reply. I'll let you know if i win,even though in my mind i already have because they were about to put a charge order on her house, and now- no mention of it.

There may be a contract in force without you realising it. Have you a copy of the original mortgage agreement? Go through it carefully. There may be a clause, where you agree that the lender may sell his interest in the loan to another lender at any time. Remember many lenders have bundled up many mortgages and sold them in lumps to others, i.e. securitisation. I recently swapped lenders recently and it was explained to me by the new mortgage company that they would be selling the mortgage to a third party immediately upon completion.
miked's situation is completely different. His lender has sold on the debt arising from arrears. 99 times out of 100 there is a clause in the agreement where you agree that if you default on the loan you agree that the debt may be sold on to a third party.

[bsmurph83]

My partner has a mortgage and even though she's never defaulted, it was sold to different mortgage company last year.
I was wondering--as it was sold without her having to sign anything, does that mean that no contract exists and that unless they can provide us with the proof of debt(contracts signed by a third party etc) the mortgage in effect doesn't exist.
I'd be very grateful for any advice.

P.s I've already sent the first and second letter to Link financial regarding a credit card debt and so far have had a couple of nothing letters in reply. I'll let you know if i win,even though in my mind i already have because they were about to put a charge order on her house, and now- no mention of it.

if these banks or whatever we're talking about can't produce the contract featuring the required elements to make it legally enforceable then they have no claim. the contract will feature signatures of BOTH parties, proof that something was actually offered of substance to you in the first place (it wasn't because there's no lawful money in circulation), full disclosure (not fulfilled due to previous comment), and so on... look up the required elements for a binding contract. debt collectors and others who have bought up the 'debt' are third party interlopers. no contract, no debt. frauds.