Hi, I am extremely worried about the possible eviction. I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6. Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did. After some time the lender capitalized the arrears. After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account. I made complaint on 2 occasions. My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250. February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled. I complaint to financial ombudsman. They contacted me and lender few time. Until today i don't know the outcome. Now i have received a letter from court for hearing on 23rd Jan. The lender has applied to the court for the decision on to "The Claimant respectfully requests that the court make the following Order" "The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted". The arrears are around £13k. I am in a position to make ongoing monthly payment as well as substantial amount towards arrears. Can you please advise what the lender is asking the court? Are they asking for eviction warrant? I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to. Please help how can I defend this as well as is this hearing for eviction? If so, how soon this can happen? Have i lost all now? Thanks.

Hello Needing some assistance re mortgage arrears and threat of repossession. The mortgage in question is with Halifax (interest only). I should mention that I am trying to help out my aunt who lives abroad. Having decided to move overseas, my aunt left her property under a letting agency. The bank were aware of the property being rented. Due to poor management of the letting agent, monies were not received in a timely manner and eventually mortgage arrears mounted. To cut a log story short, the property is now under a new estate agent and things are steadily getting better. The mortgage arrears are just over £500 and another payment due shortly. By the end of this month its likely the arrears will be close to £1000. I know this is not an overly large amount, but my aunt is not working and not in a position to find this money. Halifax have written and have indicated they will instruct solicitors to begin legal proceedings to repossess the property if any more payments are missed or if contact is not made. I am aware that Halifax have applied late fees etc and other charges but possibly not enough wipe out the current debt. My main concern is to stop the repossession and wanting to know what is the best course of action? I would be grateful for any suggestions. Many thanks MBK.

Hello, In a nutshell, I left the UK in 1990 to live in France, was unable to keep up mortgage payments and unable to sell resulting in a repossession in 1991. A DCA chased me (I don't know whether they purchased the debt or were working on a commission basis), the last I heard from them was about 1997. Since 1999 I have been living in Italy and have rebuilt myself. Neither the DCA nor mortgage company have contacted me since 1997, but I do not think that they have my address. There are no CCJs listed against me at my last UK address. Is there anything that they can do now as I continue to be a non-resident? If my address became available is there anything that could be served against me? Thanks for any advice...

Hi All, Apologies if this has been asked, I am sure it has been but I cannot see it. I have a moneybarn HP agreement. I am in arrears of 3 months, and they have issues a default notice (allegedly). I am able to meet my monthly payment of £195 but they will not set up an arrangement because I can only offer them £200pm at present. I have paid £7070.04 of my £10391 arrangement so 68% of my total arrangement. Can they repossess? even if I pay the £200pm on the online portal so they are still getting a contractual payment? Thanks

Hi Has anybody heard of Alev Uk secured credit ltd. Can’t find a great deal about them. It’s regarding a shortfall on the mortgage after a repossession. Never had a mortgage with them, I’m presume they have bought an old debt. We have never had contact with the lender since repossession 10 years ago! Any help would be appreciated.

Hi, I was repo'd 4 years ago but have nothing showing on my credit file and can't see anything on the registry trust website for either of my two previous address including my repo'd address. The whole court case dragged on for a couple of years as we tried to sell the property but eventually the court granted the decree for repossession. The mortgage no longer shows in my credit file (previously showed as settled although there was negative equity when bank sold it) having checked on noddle, clearscore and checkmyfile. Where are repossession decrees recorded in Scotland? As there was no money featured in the decree would it even be registered? Am I free of this now or is there another register that lenders could access and see the decree or my old mortgage arrears? Thanks in advance. Been a while since been here used be -1 in user name but can't access the email address I used back then so have resigned up.

Can anyone advise me please . I have had a 3 seater and 2 seater sofas off a rent to buy company called Local Appliance Rentals , payments £15 a week , now due to a change in financial circumstances have fallen behind by 5 weeks , have had no letters of arrears , just an undated card put through my door which i seen last Friday morning giving me 5 days to pay , tried to borrow money ,but no success. Today a letter been put through my letterbox by hand headed REPOSSESSIONS OF YOUR RENTAL GOODS , stating after repeated attempts to contact me it appears i have no intention of paying or honouring my rental agreement and are now required by law to give me 30 days notice of collection of my sofas ,will be at my house in 30 days time . Can they enter without a warrant ? can they refuse a reduced amount monthly ? also i suffer severe depression, anxiety, which I have lots of evidence of , any advise please. I have only had them for about 4 months over a 2 year term Thank you

Hi, I don't know if I'm posting this in the right place but I need help. My daughters boyfriend has just received an eviction notice, stating the eviction will take pkace a week on Thursday. I'm currently sketchy on the details but it's all due to problems with housing benefits etc. Hes had a nightmare of a couple f years, he was persuaded to take a 16 hour a week job because he was on DLA and could claim working tax credits, he also kept his housing benefit. He then lost his claim to DLA when he had to change to pip and so lost his working tax credits. He also lost his housing benefit but that was reinstated. Currently he has a total income of £120 per week and is supposed to be paying towards his rent as his housing benefit doesn't cover it all. Now he's buried his head in the sand, my daughter had just phoned me to say that he's being evicted and the eviction notice was delivered on Saturday morning. He has tried to contact the council today to see if there is any way he can stop the eviction and they have said no not unless he pays all of the arrears. I don't know if the amount they are wanting includes all of the costs that will have been added to the debt outstanding. Is there anything at all that can be done to help him keep his home or are we looking at a lost cause?

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.

They want to Evict me,can you help. Can someone please advise what I can do to stop Elderbridge (company that purchased from Barclays, all Firstplus accounts) evicting me from my house, I have received a letter today from Elderbridge stating that they are instructing their solicitors (Eversheds) to ask the court to set a date for Elderbridge to take possession of my property. What I want to know is if they can do this as the original repossession order was granted to Firstplus who have gone bust (and then taken on by Barclays as they were the bank that set up Firstplus) Last year Barclays sold my outstanding account to Elderbridge, does that mean that they automaticity have the right to use the suspended repossession order to start eviction process? If yes how do I contact the courts to stop this eviction and make payments to this new company Elderbridge. Account Balance £64,809.59 Arrears Balance £64,722.09 how can Firstplus, Barclays have let my arrears get so high and charge me 7.8% intrest, I have asked all of the above to stop charging interest but have all refused.

On friday (12/05/2017) I recieved a letter from court containing general Form Of Order saying: The date on the order was the 20 April 2017 but the the date on the covering letter that came with it is 05 May 2017. I didn't receive the letter till the 12 May 2017. The background to this case is as follow: Around 2008/2009 due becoming unemployed, Halifax got a suspended possession order against my property. I managed to to get back into employment and kept up with the payment terms and eventually the arrears were rolled onto the mortgage. Unfortunately in 2015 I lost my job once more and have again fallen behind with my mortgage again. Due to only being able to get temporary agency work I tried to make payments towards the mortgage whenever I could afford to. In January this year I started work as a self employed minicab driver. Also around this time I was contacted by ascent legal saying they had been instructed by Halifax to start legal proceedings repossess the property as they still had the possession order from 2008/2009. One of their agents also visited the property but I wasn't home at the time and left a card. I called him back and told him I was working on a income/expenditure budget with Stepchange which I would forward on to Ascent when complete. I emailed (to email address on the card left by the agent) the copy of the budget together with an offer to pay

Hi and thank you for reading this Following a relationship breakdown last year I had the indignity of having my car repossesed by Moneybarn. My boss tried to intervene and talk to them saying that if they did not go ahead with the repo she would ensure that money was deducted at source and sent straight to them. They were quite rude and aggressive (the reason why I gave up trying to talk to them) and rejected this and I allowed them to collect the car from an agreed location. As I had not paid one third of the finance off I acknowledged I couldnt fight them. The car was a 1ltr Toyota Aygo which I purchased for around £6,000. They sold it at auction for £3,000 and told me I owed them £8,000 in interest for the balance of the four year loan. I told them to get on with it! Last Saturday I received a county court claim from Moneybarn claiming around £8,500 from me. As they knowingly sold the car at an undervalue can I defend this in any way? As it is I have nothing to pay them with, I work and after paying my way there is little left especially to pay for non-existent interest. I have until next Friday to respond - yes I know I should have done something sooner but I have been running the office as my boss had to spend the week attending to a dying relative. Moneybarn has to be the most ignorant organisation I have ever dealt with. I have been patronised by someone possibly younger than my own son, spoken at and talked over. This is why I ignored them. I have an anxiety disorder and cannot do confrontation without going to the extreme of caving in or losing it completely. Can I defend this? What can I do? Any suggestions please folks

Hi ALL Have a question i have suspended possession in my mortgage that was due to start on the first of the month but had some cheques bounce so phoned the mortgage company and asked them if i could pay it on the 10th they agreed but have just found out the cheques have bounced again if i dont pay on the 10th can the take me straight back to court for full repossession

Sent this email to moneybarn today, to be honest don't even know if I have a leg to stand on if we ended up in court. I have removed my address and name but everything else is correct. My main grievances are the fact that when I was contacted about my account in October I offered to pay any arrears up front immediately and had returned to work and gave every bit of information I could to help at the time (I have emails showing my willingness to pay and continue with our agreement). Also after the car was repossessed they sold it in the same condition, plus a few extra miles, I bought it in for around half what I had paid for it 6 months earlier. Is that even legal?. Thanks for any help or replies, first time poster so any help would be appreciated! LETTER BEFORE ACTION 02 November 2016 ***** ***** ******** **** ********* ******** ****** ******** ***** Agreement number: ****** Registration Number: ******* I am contacting you today to inform you I intend to start court proceedings against your company regarding the current default I have on my credit file and the way you bullied and intimidated me into repossessing my car and destroying my credit score. I entered into a credit agreement with your company on the 12/06/2015. The total amount of credit was £7795.00, the total amount payable was £14,948.28 and the term of agreement was 60 months. I was informed in October 2015 that my account was in default by some £470 and I informed you that I had recently lost my job but was in the process of finding work, I subsequently found a new job and informed you of such. I was in contact with a member of your staff a Mr **** *****, firstly via phone and then via email. I informed Mr ***** of my situation and forwarded over Octobers bank statement and a letter from Ingeus who had recently helped me find a new job. I informed him I could make payment of any default sums immediately and was told that I had to provide proof I was back in employment to avoid repossession and termination of our agreement, despite my offer of complete payment of default sums. I then informed Mr ***** on 11/11/2015 that I was awaiting another letter from ingeus confirming that I had found new employment to satisfy his need for proof of employment, or that I could send over my pay slip on the 27/11/2015 again to prove employment. I also suggested he contact my employer via phone to which he declined. Neither of these attempts to sort out our problem amicably worked, with Mr ***** changing his mind on what information I had to provide each time I sent over what he had asked for. On the 17/11/2015 I informed Mr ***** of my intention to request a time order from the high court, to which I received a email back stating "Do you have a redundancy letter from your old employer or documents to confirm you signed on as unemployed. We have been asking for this for ages and still not been supplied. We will re instruct the agents tomorrow if they are not received today." As soon as I received this email I replied with a letter from the job centre, showing that I was in fact currently on Universal Credit which is a form of benefit payment which I could only receive if I were currently unemployed. Again the information I provided was deemed to be insufficient, with Mr ***** now moving the goalposts once again and insisting I show proof I had been made redundant something which I had never mentioned or made any indication that it was what had happened. I made a last attempt to make payment to clear any outstanding balances and late fees which was rejected on the 18/11/15. I was then informed the case had been passed to litigation and the car would be and was subsequently repossessed. Once the dust had settled and car the was repossessed I was then informed that the car had been sold and the amount would be removed from the outstanding balance. To my absolute disgust I was informed the car had been sold for somewhere in between £3000-£4000 (I cannot remember the exact figure but I will be requesting copies later) a mere 6 months after the car had been bought for £7795. The amount currently outstanding between both parties is £10,856.00. Firstly I want this default removed from my credit file as I made every attempt to clear any default money owed, late fees and to continue with our agreement. I want to make it clear that unless some sort of agreement is made before this is taken to court that I will also be claiming for substantial compensation due to the stress this has caused myself and the affect it has had on my ability to obtain credit and on my financial future. I make no excuses, I messed up I entered into a agreement and entered financial difficulties almost immediately, but at no point did I refuse to pay or not try to sort it out amicably. I made numerous attempts to clear the money I was behind along with any late fees all of which were rejected which I believe was majorly unfair. I provided any information I could at the time to help sort it out. I feel your company exploited my situation to ultimately benefit yourselves and gave no consideration to the effect this may have on me. I have copies of all emails between myself and your company showing my willingness to pay and showing my compliance to the best I could when you asked for certain pieces of information, letters from job centre and bank statements etc. I am willing to negotiate with yourselves, hopefully this time with a bit more humanity on your behalf. Any and all suggestions from yourselves will be considered with a great deal of thought, anything to sort out this dispute and go back to trying to rebuild my life. I expect a response within 14 days of the date of this email and will also be sending a copy via recorded delivery. I will also have a copy of the posting certificate from the post office, in case I have to prove in court this correspondence was sent. I also request a copy of every note or recording you have made from our phone calls if they exist. Also a copy of every single piece of email correspondence between ourselves and any relevant information you may have regarding this issue that you may wish to bring up in court. I also need a copy of the proof of sale of the car in question and amounts of which the car was sold for, I remind you that if I receive no reply to this correspondence then I will start court proceedings immediately. I also remind you that both of us have to adhere to a certain set of rules in situations like this as set out in the Civil Procedure Rules. Please acknowledge receipt of these letters within the 14 day period, if more time is needed to look over the case then please inform me either by email or in writing to my home address. Regards, ******* ******* ********

Its a first post I'll be brief. One year left on mortgage. trouble with payments, only £7000 left to pay and will be paid off next year. Santander want to threaten me with litigation and take me to court. I was forced to take early retirement couple of years ago due to cancer. Any advice? going through the usual channels RE debt advice, expenditure etc cheers guys Meicimac

Hi there, everyone. I'm desperately seeking some advice. I have a house in an EU country which is likely to be repossessed (I'm currently paying all of the interest accrued but not the loan itself). If/when this property is/were to be repossessed how does this effect my other property in another EU country? In effect, will I lose the second house (permanent residence) as a result of losing the first property? Many thanks, in advance, to anybody who has the time or knowledge to respond. Kind regards.

Hi any help would be great, Im at my wits end. Back story - 7 years ago I was finished from my job on health issues, was put on ESA, but then taken off because of their incompetence ( thats another story). Anyhoo , long story short, gained around £10000 in Mortgage arrears and when to court for an order of possession , which was suspended....had a few bumps along the way , but ironed the out with Mortgages PLC, we have so far payed back £5000. Just 2 months before Christmas last year, missed 2 payments due to lack of funds, car issues etc...Morg PLC sent out an advisor to see what was occurring and set up an new agreement. Was told by the advisor that we would receive confirmation of acceptance of agreement, and to make payment 1/1/17 . Because of the NY etc, didn't know that agreement was accepted or not, but made the basic mortgage payment. Had a letter yesterday morning stating that we have failed to pay mortgage arrears under the terms of the possession order, so I rang them. The guy stated that the agreement was not accepted as we have unsecured debt items on the budget (£200 pm) submitted to them. These items where there before, and the offer of £100 over the mortgage payment was the same as before. He said that the only way I could go forwards was to contact a debt service and set up an agreement with them, to not pay the unsecured debt fully and reduce it to £30 a month, then pay the rest to Mortgages PLC.. Sounds fair , but I stated to him that we could save more and pay £200 above the Mortgage payment, but he didn't seem interested to pass this information on over to the collections dept. Would it be worth ringing again to try to speak to someone else, or do I have to use the dept service ? This is some thing I really don't want to go down, some items I pay for are HP, laptops for college kids etc, they need them for eduction, I would sooner make a agreement directly. If they did push for the order of possession, could I go back and fight my case again...? I admit we where in the wrong for not keeping up the order, but after we have shown willing for 4-5 years paying back £5000 surely this means that we are committed to repay the arrears? Any help would be great.

I fell behind on payment due to illness. Long and short of it is that FRF are threatening repossession. the vehicle is worth 1.5k. at auction it will get max £500. a trade garage who valued said they wiould pay the finance company 1.5 direct and deal direct. First Response tell me the garage would have to pay the full amount outstanding of 4k. if i VT i am liable for the balance after auction. i assume this is process. but if i am able to make the vakue of the vehicle does anyone know if other finace companies who have accepted this. has anyone had repossesion dealings with this company. Not the most customer friendly but it is what it is.

We received a notice for repossession from peterborough county court which was dated 16th july 2013, on saturday 21.11.15 with repossession date 7.12.15 by mortgages 1 ltd,for arrears off around £2000, my husband receives esa benefits which is paying the interest on the mortgage plus he pays £25 extra every week, he telephoned them yesterday (24.11.15) and the woman told him she'd post out a earnings and expenditure form, but i don't think it will arrive and get back to Them before the 7th december, she told him to print off an N244 form and arrange a court hearing to try and get it suspended and in the meantime she would talk to her advisor to see if they would allow us the time to try and sell the house instead, but when he phoned them back today, they totally denied saying anything like that at all and that they were repossessing the house as planned. My point to all this is that we didn't get any warning about this and she said thst as it was first applied for in july 2013 and had been suspended, that they weren't required too inform us that they had reapplied for repossession even though the payments have never been missed, sorry if this is a bit long winded but we're reaĺy worried that we won't have enough time to try and stop all this happening before the baillifs arrive on the 7th, any advice gratefully received, thanks

I sold my house because I was made redundant in my mid-50's and was stuggling to get another job. I did eventually get another job and after three months I contacted my mortgage lender, First Direct, and asked them if in principle they would give me another mortgage if I downsized, with the idea being I would reduce my mortgage from £140k to around £80k. They said they would, so I went ahead with the sale. When I contacted FD again they said they would not lend as I hadn't been employed for at least six months in my new job. So I ended up renting. But was laid off again after another few months. So, I bought a flat - this was almost three years ago now. I did it up but couldn't live there as it turned out to be one bed and not two as i thought and freeholder insisted it was reinstated as one bed. I bought the flat at auction as I was unemployed and using the house capital to pay the rent which wasn't a good idea. So anyway, I have tried to sell it. There is a damp problem in the roof above my flat which is causing problems and ultimately I have lost three sales right at the last minute with the first loss due to no maintenance and the second two because of the damp. I have suffered periods of redundancy etc and so I had to have a bridging loan on the flat for trying to fix the damp and also to help with my living costs. The landlord keeps messing around and promises to fix the roof but never gets anything done. Now the loan has expired and the flat has been repossessed. This flat represents everything I have worked for in 40 years, but redundancy has caused me so many problems. When I bought the flat the landlord stated in writing (in the auction pack) that £11k had been spent on the roof but can only produce an invoice for £3k and the roofing agent's receptionist said there is no evidence of £11k being spent, but the roofer now refuses to discuss it. It sounds like accounting fraud etc to me but not sure how I can prove this. I didn't get a survey done as the auction pack came with a surveyor's report. (hindsight is a bummer!) What I need to know is: a) can I sue the landlord for the losses I will suffer when the flat is sold? It is worth around £110k on the open market but not with the damp, and I reckon the lenders will sell for a lot less. b) if I am able to prove fraud or some type of fraudulent/incorrect invoicing activity or false claims by the landlord, what am I able to do to gain compensation. This landlord has basically destroyed me - he knows his stuff whereas I don't really have a clue. He hates women and talks to me and my daughter as silly women - his words. I am losing the will to live, because not only do I have to pay an estate agent and exorbitant interest on the loan, I also have to pay maintenance charges and ground rent. He has not maintained the building and uses it to line his pockets. But I also have a £2.5k council tax bill because the council are now charging me 150% because the flat is empty. I have been well and truly stuffed by this landlord, the council, the lender, the agents, and basically the government for messing with my job in the first place. I now owe the lenders about £50k or just under and the other costs, we are looking at around £55k so I could be left owing money on the flat or getting next to nothing from the sale. I spoke to the lender, Petersbrook Securities, and they said they are obliged to sell with my interests in mind - I'm sure that's cobblers? Is anyone able to offer any advice, including the costs associated with taking any action? I am desperate. I haven't done anything about this since September when it was repossessed as I've been so depressed about it all, and couldn't deal with it, but I'm having an 'up' day and don't want this freeholder to get away with this. thank you

Hi Guy's, I'm not sure how to play this one, I bought a property with my ex back in 2007 for around 95K (In Scotland) To cut a long story short we separated, she left and went into a "trust deed" Nram wouldn't remove her from the property and I was basically left to pay the arrears at the time and the mortgage while i wasn't living in it. I tried and tried to take the property in my name, my only chance was to then rent the property out pay the arrears.... moving on the house was repossessed about a year ago and they undersold it at 80K, no payments have been made for exactly 6 years! They only actually defaulted the account about a year ago! NRAm are after 105K - yes 105K which is probably about what we borrowed originally, I don't have a breakdown of the fees / costs / interest but I will request this tomorrow. They only just started to chase the balance today, and they are now telling me that they will now pass to a debt collector if I don't reply within 60 days I have no assets, and I am just out of work this week - so they are not going to get anything. I have tried to make arrangments in the past but they have always declined, they wanted to repossess. Facts The property was empty for 5 years No payment been made in 6 years I can't get hold of the ex to see what she thinks credit file should have been defaulted long before it was? Cheers

Hi everyone I am new to this site. I really am begging for any advice and help on a secured loan , ten years ago we took out a £37k secured loan with swift advance we have been paying 600 a month and over the ten years have been in 12 months arrears which are 6000. The problem is the loan is at its end of term next feb and there is still an amount outstanding of 26k in total up to now we have payed 78k in feb there want us yo pay the outstanding balance of 26k all at once which is just in possible or they are going to repossess our home. We have not missed a payment in four years and we both work and I have even said I will up my payment by an extra 55 but they are not budging. I have seeked advice from step change and I have even tried to remortgage but due to our house being shared ownership we are not allowed due to this worry I am on antidepressants and sleeping tables and I can't cope any more the thought of our home being repossess is unreal. I have two young children and they don't do change please I need as much help and advice as possible to prevent this from happening ps I have also asked them if they could extend the loan but nothing

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

in 2009 i gave the keys to my house back to the bank. At this time myself and my wife moved to Portugal as i had been offered a job there. A month later I return to UK and applied for Bankruptcy in November 2009. My wife was going to do the same but was very ill and we thought i would just do it all (but mortgage) the debts were in my name. in 2011 we return to the UK because my wife was still very ill. I started to work from home and we are very stable again. My wife does not work and holds no bank accounts etc.. All my debts are dropping off my Credit file just before Xmas we received a letter from DWF addressed to my wife asking for 45K as the shortfall from the mortgage debt. I check the CC file and the default date is 19/02/2010 . The letter said they would reduce the debt to 13K if we paid now. We do not have that money spare.. A few ago got another letter saying they deadline for paying reduced amount had expired but they would increase time to pay by another 2 weeks, they seems to me like there something wrong with the debt. I received other companies collection letter 3 years ago but they were addressed to me and not my wife so i just sent them the bankruptcy details and told them it was nothing to do with me. This is the first time they sent letter to my wife. extra information: We live in a private rented house. I work full time self employed. Have two children (5 yo twins) No other debt. Any suggestions on out coarse of action?

Hi, we have a suspended repossession order from 2010 (when my partners ex wife was still on the mortgage, she is now no longer) and we have fell into arrears of 6100 over the 5 year period due to unemployment. We made a partial payment in august last year and missed a payment in November last year other than that we have maintained our mortgage payments and have been paying some off the arrears each month for nearly 2 years, now the Halifax have said they are going to be seeking an eviction date if we don't pay £3000 by the 28th of this month. We have kept them informed of the payments missed and have tried to come to new payment arrangements with them each time. We spoke to a man at the Halifax in December who said that we had to pay the full arrears or it would go to repossession, we explained that we didn't have access to that sort of money so we couldn't pay that much, then we spoke to a different woman at the Halifax last week trying to come to an arrangement were we pay £100 extra a month to clear the arrears quicker and she said that if we paid £1400 it would stop any more proceedings, then we got a phone call on Friday saying that we had to pay £3000 by the 28th of the month or they would seek an eviction date, we explained that we didn't have access to that sort of money and that my partner didn't get paid until the 29th of the month and we would be making a payment of £625 (which includes the £100 we said we would pay to clear the arrears quicker), she then replied that they would be sending us an eviction date. We are panicking now as we have 3 children, our eldest child is in her final year at juniors and we are currently waiting to hear if she has got her secondary school place, she also suffers from anxiety, our second child also has epilepsy and possible autism (we have just got an appointment with a specialist doctor after a 19 month wait) so everything is in place at his school for his needs, the Halifax are aware that we have children and one with a disability. I had to give up work in June last year due to severe hand eczema and stress and anxiety, however my partner has a good job and can pay the mortgage and the arrears no problem. I am really really worried they are going to repossess our home as I don't drive and we won't get a private rent in the area and if the council put us in an area where I won't be able to get my children to school, I don't want to have to change my children's schools as there is support in place for them at the schools they are currently in and it could change my sons hospitals and doctors if we aren't in the catchment area. I am going to write to the Halifax with our proposal again, with a breakdown of how long it will take to pay the arrears back, I just don't know what else to say to them and I think it will be rejected as well, I just don't know what else to do.