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Frantic50

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  1. Exactly Andy, I don't know why they keep asking us to sign this Voluntary Surrender document. Think I'm going to email and ask them !
  2. No we didn't volunteer. Possession was granted by the court in July. They've been communicating via email as we haven't told them our new address and don't intend to. Thanks for responding.
  3. Does anyone know anything about voluntary surrender forms ? We lost our house at a possession hearing in July. We have now left our property and are renting. The banks solicitor keep asking us to sign a voluntary surrender form. Other posts I've seen seem to advise against it. What does anyone think ? Also, does anyone know where we stand with regard to insuring the property. I wrote saying we had left and that I assumed the bank were now responsible for insuring the house their solicitor said that until the Bank has applied to Court for a Warrant of Possession and a Bailiff’s appointment had been made we were still responsible. Any advce ?
  4. Just a question to anyone who has had their home repossessed. We sadly lost our home at a possession hearing on 24 July, somewhat unfairly, but I suppose that's my opinion. We had a business loan that had been secured on our home and this turned out to be an all monies mortgage. Judge didn't even make eye contact and we were not given any opportunity to state our case. my question is, should we not get some sort of paperwork from the court or bank. We've had nothing and with the date to quit looming I though we should have received something.
  5. Hi all. Don't know if anyone can answer this? Just had yet more documents for the hearing on 24 July. This is a Witness Statement from the Banks' solicitors which it says it intends to rely on at the hearing. In it it says : I respectfully ask the court that : 13. The Defendants deliver to the Bank vacant possession the Property within 28 days of the order; and 13.1 The Bank's claim for money judgement against the First Defendant be adjourned generally with liberty to restore. Anyone know what 13.1 actually means ?
  6. Hi Andy. Just putting some stuff together for court date on 24 July. Was there anything in the agreements you noticed that may be beneficial to our defence ?
  7. Just a quick question for anyone who may be able to advise. In short we have a possession hearing on 24 July due to a business loan debt. During all our dealings with the bank over this issue we have not been sent any form of statement since February 2014. In the court papers there are two amounts owing stated. One is in a letter from November 2016 and states £97K. In the claim document is states £87K. I want to ask them for an up to date statement so I know what's going on but I wonder if I may have some small advantage in court if I can say that I do not agree with the amount owed as there appear to be discrepancies and I have not received any statements. Not sure what's best. Any opinions ??
  8. Hi. I have managed to scan the documents in, I think ! There seem to be some blank pages. Not sure why. No information has been missed just some sort of blip. docs1.pdf
  9. Its OK. I've just worked it out. Will get docs uploaded tomorrow.
  10. Hi Andy. Attempted to scan docs in today but my antiquated scanner just wasn't up to the job. I'm taking it to work to do it first thing. Sorry to sound an idiot but not sure what I do once I've got it all scanned in and how I get it to you.
  11. Two separate agreements. I think if it had all been through an EFG we may have been reasonably safe regarding the house. Not sure where we stand with it only being a relatively small %. Thanks for all your assistance tonight. Really appreciate it.
  12. I'll see what I can do. Not the most computer savy person but I'll see if I can do it. Are there any instructions on here somewhere telling how to do it? I have a copy of the claim form (quite a big document) and the loan agreement. Not sure what you mean by type of EFG Loan Andy. When we took out the loan the equity etc we had would only allow the bank to lend us £133K. We needed £144K. We were then offered the £11K difference as an EFG. When it all went belly up they claimed this back from BIS but still tried to get it from me. Also, different things I have read says that they can not use residential property as security for an EFG so not sure where we stand with that as the EFG element did not cover all the money. Regarding the N11M. The court date is 24 July. To be honest, started filling them in (wife and I both have one) however finding some questions really difficult to answer. I doubt I'll get to sort out the scanning of the documents tonight. Need to sort some domestic/kids stuff out but will give it a try tomorrow. Cheers Andy
  13. Hi Andy The business loan was only in my name. As was the EFG. My wife signed the document allowing for the house to be used as security as the residential mortgage is in both our names. And yes, sorry to say mortgage is with Lloyds. Was Cheltenham and Gloucester (which I believe was Lloyds in some guise or another).
  14. Thanks for that Andy. Sneaky ! .... you can say that again. Had no idea this was an 'all monies' loan. Didn't even know what that was until the last couple of days. Our local Council Housing Advice Team have advised that a court can do nothing else other than grant a repossession when an 'all monies' mortgage is involved. Do you know if that is the case ??
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