Even though the house only sold in 2014 that would only be 4 years ago and cml states "Mortgage Lenders have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in possession. Anyone whose property was taken into possession and sold more than six years ago, and who has not been contacted by their lender for recovery of any outstanding debt will not now be asked to pay the shortfall” If they where to take me to court and i agree that is a big if. One of my defence would be. The reason i took out he mortgage with DM was they where and still are members of the CML, and there for should abide by there rules or i would not have taken out the mortgage in the first place. So Shoo Smiths could argue it is only 4 year since the sale and section 29 dose not apply. Is there a logical reason why it took so long to appear on the land registry?

Thank you for your reply One thing that is still worrying me is why the house is not showing up as sold until 2014 but yet i know there was some one living in the house. Could this affect the 6 year cut off under the CML code of practice? Are they allowed to say rent the house out until they see fit to sell even up to 6 years, then ask me to pay the short fall on interest accumulated in the 6 years from repression to sale?

Hi Back in august 2008 i had my home repossessed, I owed around £114k and the house was valued at £120k at the time. I had the mortgage(interest only) with db mortgages. I tried to pay off the outstanding arrears of £11k in order for them to overturn the repression the day after eviction but was turned down. I moved back in with my parents and enroled on the electoral register and continued to work for the same employer to today. I left them my new address which i am still at. I then heard nothing until about 2014 i received a cheque for about £180 off them for some financial compensation but i am a bit vague about this. There was no other contact at all i did not know what the house had sold for or if there was any shortfall. In march 2017 i received a letter from Alev credit asking me to contact them about a £48k short fall. This was the first time i had herd of Alev i had no idea they had taken over the debt. They just asked politely would i contact them to arrange repayment. I ignored them and herd nothing until may this year a company called shoe smiths acting for Alev. The letter was again asking me to fill in a means form and come to an arrangement to settle the debt. I again ignored but yesterday another letter came from shoo smiths saying the same (no threat of court action). The other strange thing is that when i have searched for the house sale i only find that i bought it in 1998 and the next time it was sold was in 2014 for £122k! What is best to do keep ignoring them(i have never spoken to any one since 2008 so have not acknowledged the debt)? Have they got a case or are they shaking the tree to see what fall out?

i tried to get my house back after it had been repossed in the end there was nothing i could do even though i had the money ,The only real way is if the mortgage company had acted outside the law then you can apeal but apart from that just keep ringing the mortgage company and offering the money telling them of the hardship that it will cause,I tried to get a lawer to fight the case for me but could only find one in manchester which is 30 miles from me and they wanted £500 just to talk to me with only a 50/50 chance at best

i am sorry to here your news Ginges.I had a judge who was a complete bas***** so i know what a shock to the system it is,I just hope the judge gets caught in a brothel by the news of the world.Good luck with your new home

thank for all your kind word it nice to here them,But at the end of the day its only brick and mortor,As long as i ve got my health and famly there will be other houses yet again many thanks to you all

hi all back from sunny las vegas not that i saw a lot of sun,What a place to get over your repossion did not win the jackpot,Just before i went i had to clear all my stuff out of the house this was worse than being repossed,I hired a van and got 4 mate s to help me move.Got to the house to be met by a small horrible man at the door who would not let me in with out photo ID so i had to go and get my passport,Then when my mates came he would not let more than 2 of us in at a time when i did get in the house i found some thing had gone missing including my indenture of apprentice ship! A signed photo of steven gerrrard with the european cup wich was framed and on my wall,Then he would not let my take my cooker said it was fixtures and fitting it was a stand alone type.Then he kept follwing me around saying dont take that it not worth the hasle to varouis things,Then the final straw was to find him in the attic looking through my stuff to wich piont my mate pinned him up against the wall told him to sit in the chair and say nothing(my mate is 6"4 and 22stone) after that he was very quiet.Then the estate agent brought people round viewing the house while i was still moving stuff out.Any way its all over now and time to get on with the rest of my life

well finaly gave up today cant find a solicitor with out paying £500 up front and traveling to manchester that will take the case on and they can only give me a 50/50 chance of getting the house back so its time to cut my losses,so thanks for all your help and support,I am off too las vegas on sunday for a week with the money ive saved from paying the mortgage and may be i will win lol:wink:

hi just an update went to court to lodge an apeal were i was told it is not possible to apeal once the eviction has taken place the clark of court even went to see the judge for me who said the same uless they have acted illeagly which they have not,and to ring the mortgage company up and offer them the payment in full which i did and they piont blank refused to accept it so it looks like i am cream crakered,I will ring them every day till the 2 weeks is up but its not looking good:-(,Just found a little bit more "It may also be possible if you can raise the money to pay off your mortgage debt soon after the eviction. You would have to apply for an injunction to stop the sale of your home while the arrangements are made. If contracts have already been exchanged with a buyer, you can't stop the sale from going ahead" so i will be tying this today

hi just a quick update went to see a solicitor today(it very hard to find one that will deal with this) he advised me to offer them the full amount and they should accept which i did, but they refused to accept it infact the amount has gone up by nearly £300,so i got back in touch with my solicitor by phone he has made appiontment for moday at 9:30am were he will lodge an apeal to the court,so it looks like anthor sleepless weekend

thank you caro went to see a solicitor today made an apiontment for the morning i keep you in touch thanks again i ve even got the dog to cross his legs:wink:

hi caro thanks for your reply i have not made any payment yet has i only get paid monthly and my first payday is on the 21 august .I have a son of 14 who stays with me at the weekends, i can pay off all the arrears of at one go with help from my dad,and now i am working i take home £2100 a month were the paymets are £680 and i have no other real debts.I had no payment protection insurance,If i do not get my house back how long will it be before i could look at getting a mortgage again?

hi i am just hopeing some one can give me some advice.I have been evicted from my house yesterday by d b mortgages now Mortgage Title Resulotions Ltd i have been introuble with the mortgage for the last 18 month since i had a bad car crash and not be able to make any payments,I got an eviction order in april and on apealed saying i would pay the £6700 i was behind in my mortgage with my compansation from my car crash,But do to on going legal problems i still have not been paid out and only just started back at work,I got an eviction notice for the 12 august and i kept waiting to be paid out but it did not come despite promises,so on the 11th i went to the court and filled in the form and i got to see the judge yesterday at 10am i explained my position and that i was willing to sell the house to a company who would rent it back to me and then the option to buy back,and would be completed before the 5th sept,The judge dissmised this and said "this has gone on long enough" and ordered the eviction to go ahead at 12:15pm i asked for 24hr but he was quite rude and said apeal.So i went to my perants to ask could i stay there on explianing what had happend my dad said ring the mortgage company up to see if anthing could be done.Were a woman/cow said they wanted full arears plus legal costs and septembers morgage paymet £11232 to stop the eviction in 2 hr,my dad said he would lend me the money on ringing them back they said they dont take debit card or credit cards and would only take a bank transfer which i could not do in time,So the balif came changed my lock,Is there any way of getting my house back or am i to late many thanks .gerro

hi just found this wounderfull forum wish i had found it earler