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  1. So I would like some info if possible; Puchased a right to acquire, council valued property at 107,000 2 bed back in 2007. received 9,000 discount so purchase price 98,000. took mortgage for 101,650 fixed rate 5 years. I had a bit of a financial clitch after 2 yrs and had some arrear, i had suspended poss order. i paid them due to a claim i received but what i was told would clear them wasnt correct and i quickly ran in to trouble agsin. i had a fixed rate mortgage so i presume the monthly amount should remain the same for 5yrs, but it never and they annually increased the amount due. They applied for repossesion again. I was shocked to see a statement from them with various failed direct debit amount never agreed so looked as though I constsntly broke payment agreements with them. they charged arrears fees and court costs etc to the account and included them when they calculated interest. They told me it wasnt in their interest to allow any concessions to help me get back on track. At the final hearing the figure although by now i had paid nearly four years on the fixed rate mortgage the balance was more than started with, i never fully knew how many payments they claimed i missed as they just gave an amount. The DJ was rude to me and never allowed me to reply; Between the DJ and their solcitor it was agreed; I was unable to afford the property, (although by now I was in employment). They decided property had neg-equity. (no valuation reports or breakdown of this reasoning was produced to back this conclusion). The figure stated to the DJ as owing by this stage included the 5,000 fixed rate fee, this figure actually reduced and it had 5-6 months of its term left so the amount was considerably less. As the DJ wasnt interested I could not speak up (basically bullied me into crying and i ended up pleading with him, all he said was no use in crying) and say they had in fact grossly overstated the balance along with the added incorrect rate increases.(altering mortgage terms). They had began charging me for insurance that they added to the balance plus this contributed to the overall balance owing when calculating annual interest (would have ended up paying interest on top of interest each year for the mortgage term, as I refused to pay the insurance) (i had my own insurance which was for the required insurance indemnity amount as stated in contract 100,000, their insurance cover was for far less than stated as allowed 75,000). (this was of no significance to them and they continued to add the insurance fee). Reposession granted, 3 children 2 weeks to leave. I gave up and moved out. As I could not move some itemd struggled as nowhere to store them i had requested if possible to return the week following eviction to collect rest and informed them of items. Upon my arranged return nothing was there all have gone no explanations. The property sold for 75,000 as i found out, even with the improvements I had part completed, loft room with window and full staircase access, driveway; new bathroom with power shower. fitted full length mirrored wardrobes. Then came their bill, payable by return, "rofl" mortgage shortfall removal costs ??? specialist paint removal ??? agency fees?? securing property (i had already surrended keys to bailiffs day before) fee for 5 yrs fixed rate clause, however had been reduced to the term remaining so considerably less than quoted in court. (can they even charge this as they took to mortgage away i never switched to another provider etc) (contract must be void once repossessed surely). all in all excess of 40,000 shortfall due They never pre-agreed or gave notice of the extra costs although their paperwork did state all additional fees would be agreed prior. I never got to know why it sold so low, but believe it was valued far less than the council had said it was worth when purchased, can not have depreciated in value by roughly 30,000 plus in 4 yrs could it..?? I wrote to them asking for explanations, costs,paperwork etc. They never replied but then I received a solicitor letter with same demand for payment. So i wrote to them and referred the solicitor to the letter I was waiting a reply on. Nevet got a further reply from either. Nearly 3 yrs after repossession i received a letter informing me i had been incorrectly charged arrears and default fees over the term of mortgage and they totalled with interest 1500.00 but they were placing this against the shortfall balance. This was something i had already brought up but they chose to dismiss it and ignore me. In turn the incorrect fees with interest applied yearly had given a misleading figure owing for the account, and false information was supplied and in turn relied on in court. This no doubt would have contributed to the decision in granting repossession. The letter says the refund should put me back in a position before they where raised. Clearly not, im still minus my home. I have not heard from the mortgage provider since December 2014 as this was when they issued the letter with the details relating to the refund of charges etc. Upon checking my credit report recently the mortgage states closed with a balance 0. No change from when they sold the property as my credit file stated this info straight after Surely the shortfall should be on the balance? No other defaults etc for this account either. Can anyone advise me if they have acted inappropriately in any with their actions? Could the property have been grossly over valued with intent originally by the council appointed valuer, so the priced fectched on sale could be a realistic figure? If so is there anything that can be done to expose this? Can a fixed rate mortgage payment increase during the fixed term? Can a fixed rate fee be claimed still upon mortgage surrender that has been initiated by the provider and not the mortgagee (Me).? Why would my credit file show balance nil?? Should I have any defaults on my credit file for the mortgage? Can the nil balance be altered? Can a shortfall amount be claimed when there is no record of bslance on my credit file?? Any advice or answers appreciated
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