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 !

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.

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 ?

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.

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 ?

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 ?

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 ??

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

Its OK. I've just worked it out. Will get docs uploaded tomorrow.

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.

Thank you dx100uk for the download info

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.

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

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).

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 ??

Hi. The business loan was in my partners name only. Our home which was used as security is on a joint mortgage .

Hi there I have today received court papers for possession of our home and really need some help. A brief outline of the story so far : In 2011 took out a business loan for £143K (£12K of which was an EFG loan) secured on residential property. Business closed in 2012. Lots of issues with Lloyds including the fact they claimed back the EFG and also have tried to claim it back from me. Repossessed the commercial property which was the 1st charge and as a result of 'fire sale' was left with a short fall of £100K which they are now claiming against the house. Statements sent have been incorrect i.e. saying we owe more than we do etc, etc There are too many issues to list but subsequently we have been fighting this for five years. However, received the papers and just want to check a few things as never been through this before. A set of papers have been sent to both me and my partner who is on the joint mortage. There is a defence form (N11M). Do we both fill one of these in ? The information will be the same as it is about income/expenditure etc. Do we send this form back to the court prior to the date of the hearing ? I assume we do otherwise the court will not be aware of the issues we have had. Also, can we add additional pages to the document as the space provided to fill in with information is very small. The times for the hearing are different for me and my partner. I'm in at 12.00 and she's in at 12.20. I pressume we go in together as it is a joint mortgage. So I am a bit confused by this. Also, the paperwork submitted by Lloyds says "this mortgage is of an all monies nature" which I was unaware of. I have also read on various threads that this is a big problem and courts are powerless when it comes to negotiating any repayment. If anyone can help answer any of these questions I would be most grateful.

Can anyone tell me at what frequency a bank is required to issue statements? I have a considerable secured debt with Lloyds to which they are applying a ridiculous amount of interest. I currently have no notion as to the amount now owed as they do not send me statements. the last I had was 18 months ago? Can anyone help ?

Hi all I have been on and off of this forum over the past year or so trying to deal with a pending repossession of my house. In brief we had a commercial property secured on our home. This commercial property was repossessed and handed over to Law of Property Act Receiver. They sold it at auction for £50K (about 50% of its value). Complained to the bank, Lloyds, about this and they said "nothing to do with us". Usual story, they say the LPAR is only appointed by them but is ultimately working for us (yea, right) so any complaints should be back to the LPAR. We complained they said they considered they got a good price etc etc. Went to the FOS with a series of complaints about Lloyds including this one and just heard back after 18months that they are not going to uphold our complaint and they too say any issues with the LPAR should be directed to them and the FOS will not look at it. However, since receiving all the information within my SAR I see that Lloyds had the property valued themselves 12 months prior at a £100K. The LPAR selling it so cheaply has ultimately left a massive shortfall which will inevitably lead to the loss of my home. My question is, has anyone got any advice as to what action I can take against the LPAR for underselling the property? There reasoning was that they took the decision to sell at auction because it would stop Lloyds apply interest .... really don't know how they work that as I still owe a huge amount to which Lloyds are adding interest to the tune of £6K/year as a result of them selling so cheaply. Who are they governed by? What higher level can I take my complaint against them to?

Just a quick question. I currently have a series of complaints against Lloyds being looked at by the FOS. In July I had a letter from Lloyds apologising for not responding to a letter I had sent along with a cheque for £100 by way of compensation. I returned this as it didn't sit comfortably with me to accept. Yesterday they sent another letter returning the cheque I had returned and another apology along with a further cheque for another £100 !!! What are they up to? The letter they enclosed says that it in no way will effect any further claims or the FOS complaint. I could really do with the money but should I accept it. I just don't trust them !

Does anyone know exactly what this means. I have another thread on here concerning my pending repossession as a result of the bank under selling my business premises. I had a business loan which has a 1st charge against the business premises and a 2nd charge against my home. I have been in contact with my local council legal folks who have been helping me with housing issues and they have been told by Lloyds that the charge is an "all monies charge". Does anyone know what that is, I believe it means that any repayment is non-negotiable but not too sure. All I know is that it is just one more hurdle to jump. Does anyone know if it is applicable on a business loan etc ??

Hi Ell-enn Thank you for this. I will complete the budget sheet. I have completed an ALIE for the bank already (they asked me to do so when I complained about the interest they were charging. This is one of the complaints that has gone through to the FOS as they have continued to charge a high rate of interest despite me being in financial hardship, something I believe they are supposed to re-consider when adhering to the Lending Code). That came out that I had £114.33/month disposable income. I have already requested and received the documents from the SAR. There was information contained within the documents that are the basis of another complaint with FOS. I'll explain briefly. Staff had made 'off the cuff' remarks on internal documents concerning my commitment to the business. In fact on one document one colleague states to another "just put customer was not committed to business" as reason for failure as if they had just plucked that out of the air ! This is absolutely not true and I have several pieces of evidence to prove otherwise. I want bore you with all the details but the point I raised with the FOS was that in the event of a court case any Lloyds representative will influence a judge as to my integrity based on these untrue remarks. I may be clutching at straws here but I'm sick of these people thinking they can do and say whateer they like. With regards to the marketing and sale of the property Lloyds said they could not provide any information and I should seek what I need from the LPAR. I was pretty disgusted that Lloyds wouldn't take any responsibility for the sale of the property. Anyway, I did contact the LPAR and they said they said that they chose to sell at auction so quickly to save on interest that was accruing (yea, right, that's why Lloyds charged me £6K last year). The LPAR also charged for things like insurance (which I had in place myself), and EPC (which I already had) not to mention their fees, legals, maintainence etc. In total another £6K. Every complaint I've made to Lloyds about the way the LPAR behaved Lloyds have just said "nothing to do with us". Even the FOS didn't want to know. Sorry to waffle on, it just gets me so angry. Thanks Ell-enn.

Ell-enn - thank you so much for responding I have seen how helpful you have been with others in this awful situation. It's sickening that this sort of thing is happening over and over again. Our problem is we have such limited funds that private renting just isn't an option, even council accommodation is going to stretch us beyond belief. The only asset we have is the house, we have no savings at all. The bank have asked for £1500/month to clear the debt which we can't afford. I only bring home £1500/month and my partner isn't working at the moment due to the cost of childcare - it just isn't cost effective for her to do so. We currently owe £95K (original debt was £145K - £56K which they got for the sale of the premises which had been valued at £115K + £6K in interest that they are charging. The house is worth approx. £160K and the outstanding mortgage is £69,200K so we have no equity. We currently have a complaint with the FOS due to some issue we have had with the bank. They have therefore put any further proceeding on hold until the FOS decision has been made. However, I have received a preliminary decision from the FOS and it is in the banks favour so I don't think that will come to anything. The bank ask us to seek re-mortgaging or borrowing from family or friends. My partner went to see our mortgage provider yesterday but they want lend us any more (which we knew anyway but wanted to go through the motion as Lloyds had suggested it). We are in a hopeless situation. We bought the business to make a better life for our children and instead things have ended up in this horrible way. We have not got into this situation because we've run up debt by acting irresponsibly and it is so unfair. I don't doubt that Lloyds will seek possession soon and if we can't make any payments (beyond a couple of hundred pounds/months) I can't see a judge acting in our favour even if we do have three children. If the LPA had sold the property for nearer to the market value things may have been different. The repayments would have been considerably less and, with help, we may have been able to do something. Sorry to ramble on Ell-enn. I am at the end of my tether. My partner is in a terrible state and constantly in tears which is having a bad effect on the family as a whole.

Just hoping Ell-en is online. This is an old post I know but have been looking through this morning and hoping for some advice. Does the CML also cover commercial property? Can I just give a quick summary of what's been happening to me. I took out a loan to buy a business and business premises. Business failed for several reasons. The loan had 1st charge against business premises and 2nd charge against my home. Business premises was sold at auction after only two months for 50% of value. Have complained at length and tried to get advice from different agencies but nothing has helped. The position is now that there is a shortfall which will come onto my home and it will be repossessed. I have no money at all to contribute to the debt so I am in no doubt that the house will go. I have a young family I am trying to support. I just don't know what to do. Know doubt the bank will repossess and sell the house at a massive loss too and there will be even more debt. I too can not go Bankrupt due to my job. If I do I will loose my job. I considered selling the house before repossession but the council have told me that if I do they will not re-house my family. Any small piece of advice would go along way and I would appreciate it immensely. I really am at the end of my tether. Speaking to my local council is terrifying when they talk about 'homelessness' 'emergency housing' and they have even said that we are likely to be split up as a family in order to accommodate us in the short-term. I can't let that happen.

On Thursday I am off to see our local Housing Advisory Service rep to see if there is anything we can do. We are really struggling financially with having three children. We are already borrowing money left right and centre from family and friends in order to buy everyday things. My oldest starts high school this September and I had to beg money from my father to be able to buy his uniform. That was heart-breaking. We don't smoke or drink or go out or spend anything that is not necessary. It is a really difficult situation. We are not trying to keep the house because we think we deserve to or for profit. It is purely that we currently only pay interest only mortgage and that is considerably less than we would have to pay in social housing rent. It is a lose/lose situation for us at the moment. We do have inheritance money expected in the future but I can't see a judge stopping the repossession when it comes to it on the basis of 'ifs and maybes'. Sorry to ramble on. It's good to get stuff of your chest sometimes. Hopefully the Housing chap on Thursday will have some sound advice, which to be honest, apart from advice from people on this forum, is pretty hard to find.