I guess no advice or opinions then! Cheers

Can you move into the property you own and stop renting? As far as I know bankruptcy can lead to repossession if there is equity. Might be worth posting on the bankruptcy thread

HI there - been a while since I've visited. I was repossessed about 18 months ago - have had negotiations with lender regarding shortfall but getting no where. I would like your opinions on the nackground to our case and if we can take it further. We had a mortgage will lender (will call it LENDER01) which began in 2003. In 2004 we had approx 2 months arrears and they sold the mortgage debt to LENDER02. Both lenders were at exactly the same address just with two different names. I was quite ill and things got worse for us. I usually handles all the finances but my husband took over as I was too ill to cope. He arranged a remortgage through a broker. We were sent all the paperwork and the mortgage went through. It was only after that I realised the people we were corresponding with (who I thought were the kender) were some sort of package company and our new mortgage was now with LENDER01 who had sold the debt 6 months earlier. At the time I was worried that we were back with the original lender, but find it incrediuble that LENDER01 who sold the debt due to arrears had given us a new mortgage for more money on a higher interest rate (to cover the arrears on the old mortgage). Surely they would have checked our file before approving the mortgage and seen that we had arrears with them?! Wasn't it irresponsible for them to lend when they had already sold a previous debt? I just wonder if it is worth taking this further with the authorities. Many thanks for reading

Is this in scotland? All fees were added to my mortgage account after repo.

Have a look at your agreement and it should state various amounts and timescales for terminating/repossessing the vehicle. I beleive once over a third is paid they cannot repo unless they have a court order. If they do repo then you are entitles to all the money paid refunded. It took ages for us to get a statement from them and they have charged hundreds of pounds in phone-calls (£10 a time)

So sorry to hear it didn't go your way. We were repossessed last summer, and fortunately for us it has turned out well - stress gone and we are a happier family. Can you look for somewhere else that will accept your dog (we found somewhere that does) and maybe get a relative to look after the dog for a while? I wish you lots of strength for the next few days and weeks, and I hope like me you will look back in a few months with a different perspective. God luck

Is it Wellcome or the dealer who are chasing you?

One of the problems trying to sell when in arrears is that the lender can block the sale when it comes to exchange of contracts.

I was repo'ed last year. We fought for many years and IMHO I should have given the keys back or tried to sell a long time ago. We are now renting (had to pay 6months in advance) and for us we have had the most relaxed time in the past 6 months than in the last 6 years. We most likely have shortfall/fees but the MC haven't contacted us at all depsite knowing our new address and us asking to me kept informed every step of the way! I think you have to look at the long-term picture. If you could honestly see life improving and you one managing the mortgage where you are, then fight. If not, get out sooner rather than later. I know so many people who were repo'd or bankrupt in the last recession and they are back on their feet and homeowners again. I ahve spoken to some lender whilst we were battling, who said they would most likely consider us in a couple of years if we can prove our circumstances have changes considerably. Good luck whatever your decision, but as someone who has gone through it the thought of it is worse than the reality, but it does take a lot of strength from the whole family.

Rach - have you asked for any breakdown on fees/shortfall? My mortgage co have not been in touch at all, despite knowing my address and a letter just after the eviction saying I wanted to be kept in touch regardign the sale. My feeling is they will wait a few yeasr for us to get back on our feet and then try and take us down once again with interest added

Did you have a HPI check on the van? It coud be that if finance was still owing from the previous owner they will try and reclaim it. Check with the dealer also that it was HPI clear

I would guess that once repossessed you no longer have any responsibility for the payments. The mortgage company will most likely add it to your account, along with buildings insurance. I know my name remained on the deeds until the house was sold as I looked at the HIP, but as far as I was told I had no responsibilty for the building. SOmeone else might now the facts.

I agree with Bona - consider carefully what is right for you and your family. We fought for a long time, but last year gave in as we realised even keeping up payments, was making us miserable because everything was going on the mortgage and their fees. We are now happily renting a much better house, in a better location at half the cost. I wish I had done this years ago. My time is now spent with my family with no distractions or sleepless nights. I'm not saying it is right for everyone, but it is worth looking at alternatives. Home is where your family is, not the bricks and mortar you live in, and it may be you can make a happier home elsewhere. Who knows the way the property market is going, in a few years I shall be back on the ladder again, but for the moment I'm happy. Good luck and stay strong.

I was repossessed this year after may successful battles in court -I'm sure I could have won again, but the houser no longer felt like home after all the battles and we chose not to fight on the last one. Best thing we could have done! We are renting and having the best quality of life we have had for years. I can focus on my family and my work instaed of having sleepless nights about losing my home. It's not right for everyone, but sometimes quality of life wins over home ownership. I thought the house was my home, but in moving on I have realised it was just a dwelling, my home is where my family is and we can be happy so long as we are together. Good luck!

Thanks vert much for your responses. I think I will give them a miss!

Has anyone used IBAS for a shortfall? (Independent Banking Advisory Service - IBAS) They charge a flat fee of £225 and I wondered if it was worth going down this route. The mortgage co have not contacted me (although the sale was only finalised recently) and I do not want to spend the next 6-12 years waiting for them to ruin my life again, so I would like to get the shortfall costs etc issue sorted out sooner rather than later. I want to know what the mortgage co plan to do next, but I do not want to contact them and say the wrong thing.

Oh yes, just the £1 a month deal! I think the 6 years for contact is crap. They should be made by law to immediately inform the mortagagee on the outstanding balance. There is no way I will wait 6 years and then try and fight them on 6 years interest too. Letting people get back on their feet and then wrecking their lives again is an outrage. Bancruptcy is an option, and I'd rather do it sooner than later, so I can start rebuilding our lives.

I know what you mean - I'm worried I will have to make a snap decision. I'm unsure whether to contact the mortgage co and what to write. They have my address and I have asked them to keep me informed but they haven't done so. JUst worried about making the wrong move. I hit the bottom, but it wasn't as bad as I thought. Life has been really good since, we're so positive and strong that in all areas of work things have turned around for us. The fear has gone - they can't scare me anymore. and there is nothing for them to take. I have all I need, my girls and my husband. Whenever someone says "sorry you've lost your home" I reply that I lost a house not a home (home is wherever my family is) and that I have gained a life" For the first time in years I am looking forward to Christmas. I wonder if those in credit control and litigation can enjoy themselves knowing how many people's lives they have wrecked?

Good luck Tawny and Tilly - I'm in the same boat as you both. Keep strong and positive.

HI Tawny Just to say I understand where you're coming from. Was repossessed in August - house has been sold, lucky new people moving in next week. The mortgage co have not contacted me at all, other than supplying valuations when asked. Waiting to hear anything about shortfall. I'm unsure whether to write to them and try and settle quickly, or just wait for them to contact me. I do want to move on, and have done emotionally just need to get the nitty gritty out of the way. Since repo life has been really good, feeling really positive, work has picked up, husband's had a pay rise. I can't belive I spent so much energy fighting and wasted so much money (6 court dates - 4 eviction notices). Good luck with what will be a much brighter future!

Hi Chrissey I had a suspended order and due to illness and self employment could not keep up the additional payment (extra £300+ pm). I have been in court 4 times on suspending eviction notices, sometimes with only a couple of days until the eviction. Each time I successfully had the warrant suspended and I did this with no legal help, I turned up in court (once with my 3 yo and 4 yo!) and stated the facts, the position I was in and put it to the judge that it was in no ones interest to repossess. There are many on here who can help you with your defence. When /if you receive the eviction notice immediately contact the court to request a hearing. I say 'if' because I must have recived in exces of 30 letters stating they were going to repossess and then silence. I think it must be the mortgage co's scare tactics. AS you are on JSA is there any way you can help towards the interest? I know there is some scheme to help, but I'm afraid I do not know the details. Although I have successfully defended my home, on the last warrant I had no energy left, and although I am 99.9% certain I would have won again, I did a lot of soul searching and decided that I wanted my life back and didn't want to be ruled by them anymore - it was the best thing I could do. I know I will have a shortfall with the fees etc. but I can deal with that as I am far more focused now I am out of the situation. Good luck - stay strong and remember there are many who are going through or who have gone through this, so you are not alone and there is support. But if it does not work out, there is life after reposession, and it can be liberating!

There are so many on here that can give you good advice. I just want to wish you the best of luck. I successfully fought off 4 reposession attempts without any legal help, but I had run out of energy at the last one and decided to give up the fight and start living my life again.For me it was the right thing to do. Good luck - try and stay focused and positive. Lorraine

When I was at (one of many!) repossession hearings, the court appointed solicitor for the mortgage co. told me that possession could not be enforced if the arrears are less then 2 months payments. He also told me that the 'costs' could not be enforced as part of the possession order, even though the companies official solicitor had told me costs and the arrears has to be paid. As far as I know you just need to submit a N244 and payment to request a hearing. I'm not sure if you can submit one if you haven't yet received the warrant. I was under a possession order for 3 years. Like you I am self-employed and until recently so was my husband. We have fought the mortgage company 6 times in court (4 warrants for possession) and won. However we surrendered at the last warrant as although I knew we could successfully fight it, I was exhausted by it, and the thought of having them rule my life for another few years was crushing. I have had a better life in the past 6 weeks than the past 3 years! I'm a happy and healthier person and my children have their mother back! Good luck.