Thank you I will do this and use it against the shortfall amount. Can I claim for: 1. Legal fees (from bank) 2. Visit fees 3. Arrears management fees 4. Interest charged on arrears Anything else as it looks like they have not added that much on really, but as i dont trust them I am sure there will be thousands of pounds worth of charges. Any information would help. I would hate to have egg on my face if i cannot claim for things i thought I would be able to.

Thanks Ell-enn. Lender Halifax. If the Halifax say no to selling due to potential shortfall we still want to be able to sell and keep house furnished to get a better price. They may say we can sell but they may want a DOA Deed of acknowledgement signing for the shortfall but we have been advised NEVER to sign this as if falls outside bankruptcy. We would like to negotiate a full and final after the sale. Thats why I mentioned the N244 as the judge may force them without the DOA. In relation to the SAR, we have been charges legal fees, visit fees only 2 or 3 as we wrote to stop these and arrears fees at £35 Would this be per month or a one off? Also, if I send a SAR, do I need to specify it is for the arrears related charges? Thank you

Ahhh, thank you. I know they charged visit fees for visits that never happened and a few other things. If I dig out the letters can you tell me what I can claim for if I tell you what they charged for please?

If we had an offer and went to legals in say March, we then didn't pay the mortgage so they repossessed the house, do you think they would abort the sale or do you think they would proceed? I am just really unsure as to when to do the N244 I don't want the stress at the moment of the fear of eviction as i don't know how long it will take to sell the house so we have agreed to continue to pay mortgage, just hoping it sells quickly as payment is £2,000 pcm I have got a file together and had 3 of the areas best estate agents to value, they have all said in writing that the house should stay furnished as this will add to the desirability of the property so us being evicted will leave an empty, cold unmaintained house. We also have a RICS valuation.

Sorry forgot to mention, we dont have a problem with the bank valuing the property but it was Colleys (their valuer) who go us into this mess in the beginning by over valuing the house when we purchased. But due to case law we cannot sue. We did not get an independent valuation as we though as we were paying for the valuation it was for our benefit, we were not informed of this. I also consider it to be a conflict of interest as Colleys is part of the same group as our lender

Sorry DX100UK. don't understand please elaborate

Hi Ell-enn, thanks for your reply. Mortgage £950,000, house value according to 3 estate agents £870,00. I think I could sell for £850,00 but I know if we left and the bank repossessed they would sell for £600,000, this is from experience from a friend. We will continue to pay mortgage until sold so we won't be evicted unless they do so. When we got suspended order the court did state about paying the arrears but the bank have not asked us to do so yet, they want to discuss this at the end of Feb. My thinking is, put house on market regardless, get as much as we can say £850,000, when they object to sale (which they will without signing a Deed of Acknogledgement, which we won't be doing) we either go to court or give them keys back, when they are this far in with a sale imminent this would not look good in court if they pulled the sale and went ahead and sold for less. What stage do you think we should submit the N224 as time scales are a concern? thank you

I hope someone can help. Have a mortgage in negative equity with arrears, also suspended possession notice in place. I need to sell as cannot afford payments. I have had 4 valuations and want to sell home myself as I know I can get more than the bank would selling empty home if I hand the keys back. I have written to bank to ask their permission to sell and still waiting to hear back. If they say no can I apply to the courts to ask for permission be granted to sell whilst I stay in the property? I am paying the mortgage and will continue to do so until sold so unless I stop paying there is no fear of repossession.......yet. I understand I will have a shortfall to payback when sold which I will come to agreement with the bank to pay. Any advice would be appreciated as I don't know the order in which to do this.

Just wondering if there is anyone out there who has like me had a mortgage valuation by Colley's surveyors. Myself & my partner own 4 properties and they were over valued in 2007 by 35% by Colleys on behalf of the Halifax & TMB. We have just had a retrospective valuation by a well respected RICS valuer which has confirmed our fears. We have written to Colleys who issued one letter which was also their 'Final Response'. Obviously, we know they are not going to admit liability when the total claim is hundreds of thousands. We have also heard on the grapevine recently that the surveyor in question (he valued all 4 of the properties) has been put on garden leave and we know there are many more claims against him. We are not going to back down on this matter, but would love to hear from anyone who is in the same situation.