Advise on Shortfall Debt Please

[meathome]

Hi,
The story goes. About 7 years ago, my home was repo'd. This was by the Halifax. They had the house valued for sale by Colleys (Part of the HBOS but don't know if they where then).

I believe that the house was undervalued by the tune of at least £6k. It was downstairs extended, but valued at less than other houses in the area. There was one part of the ceiling needed artexing due to a flood in the bathroom.

Now, the question are, that:
1). The house was originally valued at £10k more when I purchased it about 3 years prior.

2). Is it a conflict of interests by the Halifax having Colley's value it. I was not offered any information about other valuations.

3). The house was only on the market around 5 months before being auctioned. Was that a long enough period of time to be acting in my interests?

4). I have a list of charges but they are not broken down, just a list for solicitors, valuations etc etc. Am I in my right to dispute these until they are proven?

I have been out of work for 6 months and only just got back into work, and the people chasing the debt are not being very sympathetic with me needing to get straight again. i.e. threatening court and £10k interest charges (on a £15k shortfall). Should I ask for a breakdown on the interest charges? They have not offered to tell me the rate of interest or break it down, but neither have they said that it would definately be charged.

It is good to be working again, although only a temp contract. I have offered a payment which I can afford, and they refused my offer flat. I made the payment regardless, as I said I would.

One major problem is, that some of the finances involve my new partner, and she doesn't see why her personal bills and documentation should be sent to them when this has nothing to do with her at all. She feels it would be an invasion of her privacy. Which I understand.
I could really do with some solid advise on how I should tackle it.


Any help would be greatfully received.

Many thanks

[sillygirl1]

Its got nothing to do with your new partner and you should NOT add her details to any Income and Expenditure form, in fact don't bother filling in one, it is not a legally binding document. If necessary you need to visit a solicitor and get a swear (affidavit) to say that your new partner had no financial interest or knowledge of the other property, that should stop the greedy whatsits inflating what they think you should pay.

I'd also see if you can get help from Citizens Advice or somewhere else, especially as you are on a temporary contract, again that should have some bearing on the amount you may consider repaying. They really have very little hope of reclaiming the 'full inflated amount' from you and should be stopped in their greedy tracks.

[Bona]

Did they get a money order as well as a possession order if they didnt have they taken you back to court for a money order

[meathome]

Originally Posted by Bona

Did they get a money order as well as a possession order if they didnt have they taken you back to court for a money order

Hi,

Thank you for your replies.

To be honest, I don't know. I moved totally out of the area, and during a couple of moves, some paperwork got lost. I can't recall any money order though. I have not gone to court over this at all since the reposession though.

[Bona]

you need to check if there was no money order they would have to take you back to court which they are threatning if this is the case you can put forward a case of undervaluation check your records or ask them on what authority they are chasing you you may well be able to get a settlement much lower than they are asking

[meathome]

Originally Posted by Bona

you need to check if there was no money order they would have to take you back to court which they are threatning if this is the case you can put forward a case of undervaluation check your records or ask them on what authority they are chasing you you may well be able to get a settlement much lower than they are asking

Thank you for your reply.

They once suggested I offered a settlement of around £2k. I couldn't afford it at the time. What would be the best way to check on a money order. S.A.R - (Subject Access Request) through the collectors? I really don't think I have those records available, as when I moved away originally, I had minimal space to store stuff, and due to various reasons things have got lost. Stupid of me I know but at the time, I just didn't think

Thanks

[Bona]

As the collectors on what authority they have to collect you want a complete breakdown