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  1. Hi all, I had a 50%/50% mortgage with an ex partner in 2004 - 2006 when we broke up. The property was repossessed in 2007 (I moved out) and was sold at a loss. In 2009 I received a letter from Drydens Fairfax stating that I/WE owed £32,xxx by way of shortfall. I contacted a solicitor and ended up due to circumstances paying £40/month which I have paid religiously for the last 9 years. BY my reckoning I have paid approx £4,500 to them. A low amount for sure, but I have young dependants and being self-employed my finances aren't what you'd call brilliant or consistent. In 2012 I rang Drydens asking if my account was up to date and they said yes, there was no problem, so I continued paying. Up until today - I have received a refund in my bank from them, with the reference of "Archived Ca Account" of the £40 I have just paid. The problem is, I have moved home and never updated my details with Drydens . . actually I moved in 2010.. so I do not know the "status" or anything of the account. My reference number has never worked on their online portal for checking the status of the account, but I figured since I never missed a payment and that I had rang up asking if everything was okay with the account,that it didn't matter much and I've just been getting on with life. My question is - why would they suddenly reject the payment? And what do I do for the best here. I have no contact with my ex, so no idea if she has paid anything toward the debt (highly doubtful!!!) but equally I have no idea if the debt has been transferred elsewhere, or simply written off. I have a hard time believing that they'd write off the remaining £27,xxx but I'm not sure what to do for the best here. I'm now married and have a mortgage with my wife who is worried we'll lose our home because of this - all I want is a peaceful life and have been paying regularly what I agreed to pay. I plan to ring Drydens in the morning but I'm scared it will open up a can of worms. There's nothing showing on my credit file - no searches, no CCJs or anything like that. Any help would be most appreciated. In summary: 2004 - Mortgage starts 2006 - breakup, both moved out. 2007 - repossession due to neither of us paying the mortgage 2009 - Shortfall letter, solicitor contact, £40/m payments start 2012 - Rang up and made sure account was okay - was advised it was fine. 2018 - £40 payment gets rejected and refunded. Thank you.
  2. My home was repossessed following a relationship breakdown in 2008 by Birmingham Midshires. I was contacted in 2009, 2010, 2012 and 2013 by BM debt collectors chasing the shortfall and each time I did not acknowledge the debt but i did request clarification on how the shortfall came about in a letter from a solicitor I received in 2010. In all my correspondence I highlighted I was not acknowledging the debt to BM or to their representatives. Two weeks ago I received a letter out of the blue from Moorcroft chasing the same debt again and then the weekend just gone I got a chaser letter from them again threatening further action. I do not know where I stand now with this as BM or their representatives have not contacted me for over 6 years and I have lived at the same address this entire time only recently moving house. ir Do I contact them not acknowledging the debt and requesting further info on how the figure was arrived at? Or have they lost there chance to chase this debt as its been over 6 years since they last contacted me? Help!
  3. 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.
  4. Hi Back in august 2008 i had my home repossessed, I owed around £114k and the house was valued at £120k at the time. I had the mortgage(interest only) with db mortgages. I tried to pay off the outstanding arrears of £11k in order for them to overturn the repression the day after eviction but was turned down. I moved back in with my parents and enroled on the electoral register and continued to work for the same employer to today. I left them my new address which i am still at. I then heard nothing until about 2014 i received a cheque for about £180 off them for some financial compensation but i am a bit vague about this. There was no other contact at all i did not know what the house had sold for or if there was any shortfall. In march 2017 i received a letter from Alev credit asking me to contact them about a £48k short fall. This was the first time i had herd of Alev i had no idea they had taken over the debt. They just asked politely would i contact them to arrange repayment. I ignored them and herd nothing until may this year a company called shoe smiths acting for Alev. The letter was again asking me to fill in a means form and come to an arrangement to settle the debt. I again ignored but yesterday another letter came from shoo smiths saying the same (no threat of court action). The other strange thing is that when i have searched for the house sale i only find that i bought it in 1998 and the next time it was sold was in 2014 for £122k! What is best to do keep ignoring them(i have never spoken to any one since 2008 so have not acknowledged the debt)? Have they got a case or are they shaking the tree to see what fall out?
  5. Hello, i'm new here having only just discovered this site I have a residential property with a mortgage in only my name which is all upto date with no arrears. there is about £145,000 equity in it. However i have 4 other charges on the property ( so total 5 inc initial lender) these 4 arose out of BTL props that "went wrong", banks sold the properties off way cheap, leaving shortfall debt which they then turned into secured charges. the total of the shortfall debt is approx £390,000, yes i know , its huge, ( as i said the banks gave the props away) so i have £145k equity v £390k shortfall some questions: If i try and sell the property what will happen? ( from a maths point of view if i did sell the property the 1st (Original) and 2nd chargeholder would be paid in full but there would no be anything left for the others) and if i try sell the property, can the 2nd,3rd,4th or 5th chargeholder block it? what else could i do? TIA
  6. 11 years ago I was taken seriously ill and due to the illness I lost my job and ended up in a financial mess resulting in my house being repossessed. Thankfully my health has stabalised and I'm now starting to get to grips with my financial mess. Having checked my credit reports I noticed Natwest were reporting missed payments each month on two mortgages and a loan and hadn't recorded any of the defaults or CCJ's. I lodged a complaint with Natwest which they upheld due to inaccurate reporting of my credit file when one mortgage and loan had been paid off with a full a final settlement and the other mortgage had resulted in a repossession. To compensate me for inaccurate reporting over the past 8 years they've sent a cheque for £125 which I don't believe is adequate. However, whats more worrying is that they have now listed the mortgage shortfall as an outstanding mortgage even though the property was repossessed over 7 years ago. While I don't dispute the amount is outstanding I didn't think they could report the outstanding balance once the account had been defaulted and subsequently repossessed. Am I correct or are Natwest allowed to register the mortgage shortfall in this way on my credit file ? Thanks
  7. Our house was repossessed in 2009 and sold at auction to recover the outstanding mortgage balance. The sale left a shortfall of £25K+ which the lender came after me for, and being in our late-60s with no savings, assets or investments following a business collapse this is being repaid at £5 per month from Pension Credit sole-income. At this rate it would take over 400 years to settle. I have twice formally requested that this be written off, as it is clear that there is now no expectation in retirement of there being a substantial income or a radical change of circumstance that would make settlement a possibility. My first approach 4 years ago was made direct to the lender, and shortly afterward a response came from the DCA advising that their client was not willing to do so. A follow-up request restating the realities and requesting reconsideration was never replied to. My second approach 2 years ago, and two subsequent chases, have never been replied to. I believe that the mortgage lender’s code of conduct has something to say in such a regard, particularly that a lender should not, or may not, pursue recovery of a mortgage shortfall debt where it is clear that recovery is impractical or unachievable. Is there a mortgage-debt expert on CAG who can confirm or deny this? I intend to request a write-off again, and want to leave zero wiggle-room because clearly 400 years is idiotically silly to enforce at age 68 or indeed any age! Any clarification will be greatly appreciated, thanks!
  8. THREAD NOTE: the OP talks of a CCJ this is infact a DEFAULT MARKER ignore the reference to it being a CCJ. dx - siteteam ........................................................... Hi All, the is my forst post on CAG. I have a question, which im hoping the community will be able to advice me on if it is legal, and if not the steps to take to resolve this. 7 and a half years ago, i split with my X wife, which was quite a bitter split. In her wisdom, when we split and put the marital home up for sale, a few weeks later my x wife took the house off the market, stating i had never asked for her permission to sell the house, and she refused to sell the house even though she had moved out when we split. Consuquetly, the house was repossed and a CCJ was rejistered against me. I did try and come to an amicable agreement with the Natwest where by i was responsible for half the debt (£16,800), and my x wife was responsible for the other half, and once my half was paid off it would show as settled on my record, which they rejected. So, i thought i would wait out the 6 years, for the CCJ to expire. During this time we have moved twice, and i have not received any letter from anyone for about 2 years relating to the CCJ, so im actually unsure who actually own's the debt (Natwest or DCA) The debt did expire on May 31st 2013, and did 'dissapear' off my credit file. I pay a monthly subscription to experian so regually check my file. Last week the payments started showing again on my credt file as 6 months in arrears and deliquent. After alot of research i was under the impression that once the CCJ had expired after 6 years, that was that, unless of course they tried to re-rejister to the courts for a CCJ. Im thinking of getting legal advice, however before going through the cost i thought i'd see what my options are on here. So my questions are: 1. Is it true the Natwest or any DCA can rejister these late payments that have just appeared on my Credit Report after the six years 2. If not, what are my options to have these removed from my credit file? We where hoping to buy a new house in the next 6 months, however that is going to be impossible with this on my file All help is VERY greatfully apreciated in advance
  9. Hi, Got a letter in today with a demand of £600 for a shortfall in my NI contributions from 2011 - 2015 which was 100% my fault. The letter basically said if it was not paid then they would pass it to a debt collector although no date was given as to when it had to be settled. Called HRMC today and spoke to a guy who was great and advised that i could set up a payment plan but had to transfer me to their debt section to arrange this. Got through to a very arrogant [removed] woman who asked for the full amount to be paid today. I explained that due to the time of the year and my tax bill that was due (Not her fault i know) that i didnt have a spare £600 to pay in one. She told me she could take £190 today and the rest would need to be paid by January. Told her that i could pay £100 per month but she said no this is not something that can be paid over that length of time. She then told me to get a small loan or borrow the money. I told her i wouldnt be willing to do this. She then asked me why i had called her if i wasnt willing to make payment. I really had to just put the phone down on her as i didnt like the way i was being spoken to. Anyway, It was my fault and not theirs and I have to pay it. I could pay it all today but that kind of drains me over christmas. So my question is there any way that i could get them to accept a payment plan or do i just give in? Ta
  10. Hello - I'll try and keep this as succinct as possible, which isn't very succinct having read it back. I have a BTL mortgage on a property in which I used to live. The mortgage originally was a repayment mortgage. Due to work relocation I moved out and changed to a BTL mortgage in 2014. became a classic 'reluctant landlord'. The property was let to tenants 2014-early 2017. I decided to sell the property earlier this year via estate agents. There were two offers on the property, over a period of around six months, each about 3 months apart, both of which were accepted. Unfortunately both potential buyers pulled out. Had the second sale completed it would have left a shortfall, but not an unmanageable amount. Apparently both pulled out as potential lenders wouldn't provide a mortgage on the property. effectively the property appears to be un-mortageable. I don't know exactly why, but I'm guessing it must be some sort of structural issue, subsidence, etc. The final resort, before 'voluntary repossession', is selling at auction. I have set a reserve price which will leave a more significant shortfall, one which I can't meet, nevertheless at a price which may sell. potentially mitigating any shortfall, where the maximum in the event of not selling, is obviously the full outstanding mortgage amount. However, in order to allow any sale to go through, my solicitor has advised I obtain consent from the lender, which effectively is the lenders agreement to discharge the mortgage on the property in the event it sells at least the reserve price, just to allow respective solicitors to complete a sale. For the purpose of this auction sale exercise, I'm not requesting immediate discharge of any shortfall. In the absence of any consent, the solicitor has advised me not to sell at auction. The lender has verbally refused to agree to this. in my view this forces me into a 'voluntary repossession' situation. Effectively I am trying to demonstrate I have done all I can to try and sell the property. by effectively placing me into a 'voluntary reposession' situation, I guess the lender will have to attempt to sell at auction anyway at some stage. Anyone else ever been in similar situation or have any advice?
  11. I had a joint mortgage with my ex, and was left struggling with it after she decided to leave, stopped paying anything and refused any contact. Managed to keep it going for a bit but I was put on the SVR after our 3 year deal ended which doubled the payments, and of course because she wouldn't speak to me I couldn't resign to another fixed deal and get the payments back down so ultimately the property was reposessed in Sept 2011. The property was sold for much less than we'd paid, but the lender marked it as "settled" on my credit file and I heard no more for a year or so, when I received a letter to say £28000 was outstanding as a shortfall. Since then I've had one letter pretty much every other year just restating that there is a shortfall. This year however Enact have suddenly sent me a flurry of six letters in the last month demanding to know my situation. Is there anything at all I can do about this? I'm in Scotland. No contact with my ex so I don't know where she stands on it, or if she has gone bankrupt. The sum claimed hasn't changed so she hasn't made any payments. I have a young family now and really need this put to bed, but don't want to be in a cycle of paying them for years and years for something I no longer have, nor do i have a lump sum I could give them. What is the worst they could do here?
  12. Hi all, Newby to this site, approximately 1994 i handed the keys to my house to the lender, i was stupid to do so, i know that now but "old head, young shoulders" an'all that! i bought the house for £32,000 only lived there for about 3-4 years before life hit the skids. i moved around for a few years & ended up in wales, after a while i got a letter demanding approximately £14,000 i just screwed it up & filed it! they'd sold my house for £18,000 expected me to pay the difference for the full original amount borrowed! They repeatedly sent letters requesting that i go to the courthouse, i was scared to death! i ignored them, i was moving soon anyway!!! a year or so later similar letter drops on the mat @ new place, all in all i dodged it for years, then i got a letter telling me a warrant was out for my arrest. Time to put my hands up i thought!, i rang them & was told that if i went to local courthouse i could cancel warrant. i went and was asked a lot of questions concerning my bank accounts & had to show details of any bank accounts (cards etc) & sign some papers (no idea what) the guy questioning me said that i could more or less just forget about it from that point onwards. that was about 2006. now im getting the same letters again, a guy saying that he's trying to contact me concerning account #********* etc, he comes from a company called Excel counselling according to his paperwork. now, i have very little in the way of assets, i rent my home, i have a car & a motorbike but, & its a biggun, i am the director of my own LTD company now, are the assets of the company in any danger from this process? my company pays me the minimum wage to keep tax low etc. so i can prove that my personal income is quite low, but can they seize money or assets from the LTD Co? thanks!
  13. hi, I bought a BTL in Glasgow in 2005 at a value of £175,000. The mortgage was £155,000 and fast forward 12 years it was still in neg equity after the crash in 2008. with a host of tenant and service charge issues. in the end i let it get repossessed and it was sold for £139,000 in less than a week. the arrears were £7,000 and im sure there were costs involved in the sale such as estate agents and sols etc which we expected we were expecting s shortfall of circa £30,000. we received a letter with stating a shortfall of just under £45,000?! There was no breakdown of costs or the account just the amount to pay? this seems excessively high and totals with the sales price £184,000 which is nearly £10,000 over the original market value? has anyone else had shortfall surprises with lenders such as NRAM as this is new waters for us and we want to be up to speed on any fees and costs we should be aware of before we move forward with an action plan. thanks in advance for any help!
  14. Not sure if this is the right place to put it has bèen a while lol please feel free to move it. back in 2008 I repossessed. Not once was I ever contacted by Mortgage company I am right in thinking that if you haven't heard from them on 6 years they can write off the debt, if so i do go after them and chase them for any charges or fees applied or will I be opening a can of worms or let sleeping dogs lay. Apologies for any typo mistakes blame the phone lol
  15. Good afternoon, I have recently found my original finance agreement from Welcome Finance in 2007, for which I believe I was mis-sold shortfall insurance on the agreement. I was told by the salesman that if i did not take the shortfall insurance, then i would not be provided with finance. I had no idea it was optional until recently. I have contacted the FSCS in relation to starting a claim as per the Welcome website, I have the original credit agreement however, I have no details as to who the shortfall insurance was through as a) I was not given any documentation by Welcome other than the credit agreement and b) I never had to make a claim. I cannot contact Welcome as they are no more and want to have as much information as possible for the claim. Naively, I thought it was via Welcome Finance but it appears that was just the credit agreement. Can anyone assist with identifying who the shortfall insurance was through? the date i tool the policy out was April 2007. Any help appreciated
  16. Back in 2010 me and my now ex purchased a house (£135,000, the mortgage was only for £121,000) I ended up leaving in early 2012 due to psycological abuse from my ex. My ex chose to keep the house and continue by himself with the mortgage repayments. We agreed that at the end of the first 3 year fixed rate term we would get my name taken off as the 2nd signitory and he could keep the house. Early 2013 and after a last ditch attempt at emotionally blackmailing me to return by saying he couldn't afford the payments (he declined my suggestion to just sell the house or take in lodgers etc to help him). After I refused he then told me he had in fact stopped paying. I tried to contact Halifax a couple of times whom refused to deal with me as I didn't have any details of the account (ex wouldn't give me them) and also threw in my face I was only the 2nd signatory. Eventually in Aug 2013 I convinced someone in arrears to talk to me whom confirmed there was 6 months arrrears and my ex had discussed a voluntary repossession with the halifax. Due to this, our account was standing at £126,000. I was told if i agreed to the reppossession that the monthly repayments would still be added on until the property was sold. I was also informed that my ex had notified the bank I had left back jn 2012 but stated he had no known address for me (he did) I passed over a forwarding address and I was assured anything else to do with the arrears and if the voluntary repossession went ahead then they would contact me as well. I agreed to the voluntary repossession with my ex and signed the form he produced me with which again included my forwarding address - to this day I have never heard from Halifax regarding anything to do with the arrears/house etc - is this normal? A few months later I saw online myself that the estate agents in charge wanted offers of over £90,000 in March 2014 it was sold but i don't know how much for as sold prices for auctioned property aren't made public knowledge. I have been led to believe that it sold for no more than £105,000 - this would mean a shortfall of £21,000 going on the figure given to me back in Aug 2013. There would also be another 6 months arrears added onto that figure from Aug 2013-March 2014 when the property sold so a shortfall would be at least £24,000. This does not take into account the interest I was told that would be added on as well as all the legal costs of it. The only contact that has ever been made with me over any of this, back from the original arrears starting in 2013 is now when last week I received a letter from a lawfirm saying they wanted to recover the shortfall debt of £20,000 from me. I have no idea what to do about it - I am no longer in contact with my ex so have no idea what his intentions are. My mum strongly suspects he may have accepted responsibility and even paid some shortfall off and stopped hence why they are now contacting me - they have by-passed my original forwarding address (my mums) and gone straight through the electoral roll to contact me at my current address. we are convinced the shortfall was originally more than £20,000 - my mums advised me to ignore the letters from the law firm and to not even ask for a breakdown of anything incase they take it as a acknowledgement of the debt - citizens advice would not confirm with me if making an enquiry would be seen as acknowledgement or not. They also said since i have no assets or savings and live with my new partner who has a mortgage in his own name (i don't pay into the house as such other than food/housekeeping) that he can be affected and his house/income will be taken into account when trying to recover the shortfall - surely this can't be true? Were not married and don't even share an account. Any advice would be much appreciated.
  17. I am having a pretty good time at the minute paying off old debts and I feel really good about some advice I received on here yesterday about my car finance. I was going to make an offer to Shoosmiths about an outstanding mortgage shortfall (£5097.28)but thought I best run the situation by all of you. When I was in financial difficulty back in 2013 it was exasperated by a fallout I had with somebody I bought a house with in 2005. They hadn't been paying towards the mortgage for the previous 5 years and I was covering the cost it by myself. When I had other financial pressures I couldn't afford to pay the mortgage on the house alone and in agreement with the friend I bought it with we spoke to Dudley BS and told them we wanted to hand the keys back. We signed some kind of paperwork that they sent us and returned it to them with the keys. (my memory is a little hazy on this but I thing they made us go into 3 months arrears before they allowed us to do this but I'm not sure). Shoosmiths got in touch last year to say that I could make them an offer to settle my liability with them and I was going to make them an offer this week. I read on here though that it is unusual for them to release somebody from their liability. I was going to send them a letter to request a breakdown of the amount however I wasn't sure if a SAR would be better? Or even making them a F & F as planned? As before any help would be very well apreciated.
  18. I received a letter out of the blue recently for a 10 year old mortgage shortfall running in the tens of thousands I wont post up the company details but they are a full member of the council of mortgage lenders. I owned a property with my former partner on a joint mortgage who passed away suddenly over 4 years ago leaving me with 2 small children to bring up on my own. We thought we were insured for payment protection but it did not cover pre existing illnesses for my partners epilepsy. I shut my company to support her through a very difficult time so you get the picture of how things changed quickly at that time. Over the last 10 years my circumstances have not changed at all after the big collapse in 2007 I ignore any type of finance and credit and do not subscribe to anything. I have no assets and perform voluntary work whenever required I own nothing and like to keep it that way. I have a great life without it and we are very lucky to have a supporting network around me. This is a reminder of everything I had once and left behind so I would appreciate any advice on how to best react to this. My first thought is to simply ignore it and let them stretch their legs in the hope that I respond to them which isn't very likely. This is the first correspondence I have received in all of this time since the property was repossessed. This is likely to do with me not being registered anywhere so I would love to know how they tracked me here I am fascinated. I would appreciate any views on the matter if you have enough to go on from the information I have provided so far.
  19. Hello All, This is my first post on here although I have done a tremendous amount of reading on the site trying to work out the best course of action for my wife and our family. I will try to keep it short and succinct: We bought a house in 2007, with a GMAC mortgage, I lost my job in 2009 and we ended up in arrears, the mortgage changed to Mortgage Express, the house was sold with a shortfall of £30k. We have been paying £50/month ever since up to last month (April 2016). I received a letter from a solicitors mid March saying they were acting for their client Bradford and Bingley regading the arrears remaining following the sale of the property, now £28k plus. Enclosed was an income and expenditure form, also request for details of vehicles we own, bank accounts, savings, shares, finally a statement to sign acknowledging liability for the outstanding debt and our offer of repayment either monthly or a lump sum. A called them as they were calling me 4 times a day continuously. The info given to me on the phone was that they now owned the debt and they wanted the information to setup a plan for us to repay it. I have filled in the form but not sent it off or had any other contact with them yet. I would just like to point out at this point that they have the wrong address for us as we have moved into rented property due to an impending permanent move abroad, I still have access to the old address and any post ariving there. It maybe wrong but I do not feel obligated to give this company our new address. Or should I setup and carry on paying the £50 ish/month and/or give them new address and setup new plan? Many morale questions but the immeadiate action is most important which will lead to the future plan. We are departing the Uk next year. Thanks in advance for any advice and experience..
  20. Hello, I hope someone is kind enough to help. I won't go into names or numbers as I know many banks and their Lawyers/ Debt collectors are avid readers of such forums. I have a mortgage shortfall debt after a repo. The banks Solicitors wrote to me and requested a repayment of the shortfall. This has been going on now for a approx 2 years. I made a few offers of a full and final which they declined. They then countered my offer on a Without Prejuduce basis but I could not afford to pay the sum requested at the time. I am now in a position to borrow the countered sum but as the date has lapsed they are now declining my offer. I know this is just a game they are playing and I am sure they will be willing to play this forever. What I would like to know is can I apply to the Court regarding this matter for a Judge to decide that this should be settled or do I just have to play games for the rest of my life with them. I am doing everything I can and offering to pay this sum is a big commitment for me but will be worth it to get rid of this . I am hoping a Judge would see how I am trying to work with them and maybe help end this matter once and for all. The Solicitor has told me they won't take me to Court as it would cost to much money as there is no guarantee they they will be able to get the money, also they won't bankrupt me as I have no assets. I guess they are worried I go on and win the lottery Any advice will be appreciated. Thank you
  21. OK, not sure if I'm missing something but I'm thoroughly confused by this.. I have a secured mortgage with Acenden that is due to end in February next year. I got into arrears with them about 4 years ago but cleared them and have kept my nose clean ever since. Last week they sent me a odd letter telling me about the end date, informing me of the current balance (~£2500) that they will carry on collecting my monthly payments and that I don't need take any further action at this time. However they then go on to say that that I should make arrangements to pay any outstanding balance full next February and that they will send me a redemption statement just before this date. It's obvious to me that my current payment(£170/mo) will not pay off this balance during the next 10 months even if they stopped adding interest. Now surely if I have a fixed-term loan with no arrears on the account then the entire balance should be paid off at the end of the term and there should be no shortfall? I suppose the only way to find out is to make enquiries with them but I'm loathed to deal with this disgraceful outfit. Perhaps it's time for a SAR?
  22. Hi Again, I'm still struggling with Accord mortgages over a shortfall from them selling the property for half of what was paid 9 years ago. My ex did a deal recently so I'm left with my half of the debt. I've made a small settlement offer 8% of debt over a month ago. Accord keep pushing me to deal with them over the phone, which I have no wish to do. They also keep pestering me to fill in an expenditure form. I've explained I'm about to be out of work so I don't see how filling in the form is a fair representation of my financial position given I have one more pay day before unemployment. I can't fill in the form based on being unemployed as not sure how much benifits I will get. I've explained all this, given them proof I'm not in perm employment, I've also given proof of what the property is worth and that I feel they should never have sold so cheap given value has increased so much. They came back to me saying I refuse to talk to them despite them willing to discuss over the phone. They feel they have done no wrong and as a good will gesture have given me a cheque for £50. I'm writing again asking them to clarify why they need the form given I'm going to be out of work, or do they want me to wait until April and do the form then? Surely they have to answer those questions rather than keep sending long letters pestering me to chat on the phone? These forms are just such a headache to do so I don't want to do one based on this month if they then are going to want another next Getting a bit frustrating and the cheque they sent felt like an admission of guilt
  23. Hi, Wonder if anyone can help me with some advice. Me and my partner at the time took out a mortgage for 100k back in 2004. In 2006 my partner walked out on me and left me paying the mortgage. We came to the agreement that she would pay £100 a month and I would pay the remaining £500 until we found a buyer. Unfortunately we ended up in arrears as I was foolishly paying her the money and she wasn't passing this on to the lender. I then said enough was enough and we handed the keys back as I couldn't get her to pay anything towards our joint mortgage. She seemed to think I lived there so I should pay all. Accord had the property for sale for six months and then sold cheap leaving us a 58k shortfall. 9 years later we still owe 58k. I offered a final settlement of 5K originally that was rejected and since have just made small payments per month as I've been out of work more than I've been in work. My ex on the other hand has become a qualified accountant and earns good money in a perm job. Part of my reluctance to pay back was that she wasn't making payments. Latest letter from Accord is saying they want to split the debt 50/50. I've asked for details of all payments made by both me and the ex as I'm not too happy with being given a figure without seeing what payments were made. They are saying they cannot tell me what the other party has been paying. I must be entitled to see this given its a joint debt? I'm currently working, but due to be out of work come March. The most I could offer against the 29k debt is 2.5k and I don't really have that as would be borrowing off family. I don't have any assets. Best they are going to get out of me monthly is £5 Any advice?
  24. Hi, I'm looking for a little advice regarding a BTL I get involved with in 2007. A friend talked me into "buying" a BTL flat, I never saw it and only ever paid £1000 to secure it, I ended up with a flat and £165k interest-only mortgage. But it was a bit strange as I ended up with £10k cash from the deal as the flat was valued much higher than the mortgage, as it was bundled up with several other flats. it was the biggest mistake of my life, the rent didn't cover the mortgage payments and the service fees etc. I was taken in by the "on average property prices double every 10 years, it'll be a great investment, just sign here...." times got a bit harder, it was empty for a while and I just couldn't afford it and the flat was repossessed and the bank sold it for less then half the outstanding mortgage I now have a shortfall of £100 grand plus. They took me to court and I've ended up with a charging order (restriction) on my interest in our family home, which is really worrying me. The debt is in my name only but the house is in joint names and we have a young child. I can raise £10k as a F&F offer to settle by borrowing from family my main worry is them applying for a sale order of our family home, it's probably worth about £180k with £135k outstanding mortgage and I know these sale orders are rare but I tend to have that kind of bad luck. They sent me a form to fill out for my income and expenditure and on paper I've got about £200/month spare, but there's always something and I rarely have that left over. I have no other debt fortunately. It just seems so ridiculous that they sold it for such a huge loss and what's outstanding will take forever to pay off plus the constant threat of them selling my home from under me, it is really worrying and putting a strain on family harmony, I can't focus at work and losing sleep. Any advice greatly appreciated.
  25. Been in arrears with SPML, had warrants suspended, paid off arrears then fell back again. One month ago before Judge X the case was adjourned until 13th February pending the payment of £4156 before 31st January. Due to matters beyond our control this did not happen. However, at court on Friday we were listed to sit before a nice lady judge, Judge Z. When SPML's solicitors realised this they weren't happy especially as Judge Z was quite obviously leaning in our favour. She even said 'in the current economic climate repossession helps neither party...'. But my oppo managed to persuade Judge Z that the case should be heard by Judge X and we subsequently reconvened before him. Judge X, true to form decided in favour of SPML and we are to be evicted in the next 2 - 3 weeks unless we can now find all of the arrears - £8000. What right of appeal do I now have, if any? Also, can I appeal using the case of Norgan v C&G or does this have to be argued by a lawyer?
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