Mortgage Shortfall Debt £10,000 - PLEASE HELP

[KJK]

Hi I wonder if anyone could help me. I have received court papers from Bradford & Bingley for a mortgage shortfall debt from 11 years ago!!! Apparently I have been my own worst enemy as I contacted them approx 5 years ago as I wanted to do the right thing and settle any debt I might have with them - BIG MISTAKE. This means I accepted the debt, It had been a joint mortgage and they would not give me any information about the amount outstanding (if any) as we are both solely responsible for the whole amount. Anyhow I started making payments of £25.00 per month as I wanted to do the responsible thing and clear any debt and I have continued to make these payments - again I was my worst enemy as apparently evrytime I make a payment I extend the statutory time limit again to 12 years. I feel right and royally 'screwed' by the Bradford & Bingley. I feel they purposely witheld the settlement info from me in order to maximise their interest claim!!! The mortgage shortfall debt is £5700.00 and the interest is £6000.00!!!!!! I believe I cannot dispute the claim and I either have to negotiate a settlement and they are looking for around £7500.00 or it would go to Court and they would obtain a judgement against me and then probably put a charge on my new property, I do actually have some savings that would cover the cost of the proposed settlement. However I am emigrating to Ireland in September and I would be left with nothing (and Bradford & Bingley would have doubled the debt purely on interest because I tried to do the right thing and clear my debt ) There is no equity in my current property. I don't know what to do could the Court make me give them my savings? If anyone has got any ideas that would be great. Thank you.

[KJK]

Hi I wonder if anyone could help me. I have received court papers from Bradford & Bingley for a mortgage shortfall debt from 11 years ago!!! Apparently I have been my own worst enemy as I contacted them approx 5 years ago as I wanted to do the right thing and settle any debt I might have with them - BIG MISTAKE. This means I accepted the debt, It had been a joint mortgage and they would not give me any information about the amount outstanding (if any) as we are both solely responsible for the whole amount. Anyhow I started making payments of £25.00 per month as I wanted to do the responsible thing and clear any debt and I have continued to make these payments - again I was my worst enemy as apparently evrytime I make a payment I extend the statutory time limit again to 12 years. I feel right and royally 'screwed' by the Bradford & Bingley. I feel they purposely witheld the settlement info from me in order to maximise their interest claim!!! The mortgage shortfall debt is £5700.00 and the interest is £6000.00!!!!!! I believe I cannot dispute the claim and I either have to negotiate a settlement and they are looking for around £7500.00 or it would go to Court and they would obtain a judgement against me and then probably put a charge on my new property, I do actually have some savings that would cover the cost of the proposed settlement. However I am emigrating to Ireland in September and I would be left with nothing (and Bradford & Bingley would have doubled the debt purely on interest because I tried to do the right thing and clear my debt ) There is no equity in my current property. I don't know what to do could the Court make me give them my savings? If anyone has got any ideas that would be great. Thank you.

[Goldlady]

Have they actually issued court proceedings or are they just threatening to?

 

Have they told you they would accept £7.5k as a settlement?

 

I am not sure about how to fight this, but if they have asked you for £7.5k then the chances are they will settle for quite a bit less.

 

If you have no equity in your current home then they are not going to achieve much, whatever they try to do.

 

Hopefully someone who knows a bit more can give you better advice.

[Bona]

They will probally accept less try getting a breakdown of what you owe and then I suggest you write and tell them that you tried to settle this when ou did and you reckon they were negligent in not repling when they did that you have paid regulary you dont se why you should change what they have accepted but to help them and clear the debt you could scrape together a couple of thousand to get it finnished and see what they say

 

if this is the first letter it is probally a fishing letter all theses guys have got to get there books sorted stick to your guns you have done the right thing and a court would only ligitamise your payment scheme im sure dont tell them how much money you have in savings or you will loose it to them they have been devious you have got to be more so

[sillygirl1]

They can only charge interest for 6 years on a shortfall debt, any longer and they are in breach of various regulations - remind them of their responsibilities and SAR them to find out how long it was before contact was made - anything up to 3 months before the 6 year "statute barred" period counts as "unreasonable" as theoretically they should have written at least one a year before this.

 

There are things you can do to get them, you need to write a letter asking

 

What was the sale price of the property

What were the fees applied during the reposession/sale period

What charges can be claimed back on the shortfall etc

How much did they charge the estate agents

Can you have the quote for the three valuations they are supposed to have done

 

It will put a spanner in their works and if they go to court they will need this info themselves.

[Bona]

And if they dont have it they might agree to settle for a lot less

[Bona]

Just re reading if you have recieved a summons you need to acknowledge it stating that you will be defending it them that has to be done within 14 days of service then you have another 14 day to get it in have they warned you about this is it Bradford and Bingley or a debt collecting agrncy are you sure its from the court

[KJK]

Hi thank you all so much for your replies, it is a summons issued by solicitors on behalf of Bradford & Bingley, and it appears they have done their homework all the paperwork ie sale info etc is there and they are exactly 6 years interest! I am scared about going to Court in case my ex partner is there (maybe they issued proceedings against both parties?), I haven't seen him for 10years and don't ever want to. The offer of £7500 is a starting offer from the Solicitors. I have looked around at other information sites and they advise that the Bradford & Bingley rarely settle for 50-100% of the debt when there is an asset. However as I say there is no equity in the property so it is probably not worth them forcing me to sell. I am worried about my savings though as if they force me to hand over those I will probably not be able to emigrate to Ireland and as I have already handed my notice in at work etc this is really scary. Again many thanks for all your ideas and help xxx

[Bona]

Right firstley you need your x there as he is responsible for half the debt but is law you are both resonsible for the whole if either default if there ist offer is £7500 they will go down ring them and ask for a fax number or eamil and offer £2000 they will come back with a counter offer but wait see what they say is the summons to only you in both names when is the date tell them you have negitive equity see what they say

[sequenci]

Hello there.

 

I think you should acknowledge the service of the court papers to buy yourself another 14 days.

 

You should then exercise your right under Part 18 of The Civil Procedure Rules to request all the info you need to decide whether to accept the debt, defend it or partially defend it.

 

This should get you a breakdown of the shortfall + interest costs etc.

 

if they will not furnish this info you could raise a complaint to the court stating that they have breached CPR 31.16 as this info really should have been disclosed pre-action in order to assist any disputes to be resolved without proceedings or to save costs.

 

Under the s20(5) Limitation Act 1980 the claimant can only claim the last 6 year's interest.

[KJK]

I am currently trying to negoiate a mortgage shortfall debt settlement with the Bradford & Bongley they want £10,700 I do have some savings put by but I am moving to Ireland in September and if I have to give them my savings I will not be able to go, as I have already handed my notice in at work obviously this is a real concern for me. I have offered them £100.00 per month and they have refused this. It is due to go to Court next week, I am worried that once they have obtained judgement against me they will then be able to take my savings. Has anyone got any advice for me? Many thanks

[nicklea]

kjk,

 

Could you post the particulars of claim so that people can understand exactly what the claim is against you?

[KJK]

Many thanks to everyone for your help. It makes me feel very supported and a lots less scared - thank you.

 

Firstly the summons is in my name only, they have already provided details of the shortfall figure and interest etc in the Court papers so I can ask them to provide it again. I think I will try and push them for a samller settlement in the region of £2500.00 and if they refuse I assume they will proceed with the Court action. I have been told that it is not worth attending as the judge does not have any jurisdiction over the amount of the claim as the claim has been legally issed and the amount they are claiming is legally correct, all he will do is isssue judgement. Can anyone advise if this is correct or does the judge have any jurisdiction to reduce the claim? Again many thanks to everyone, I can't tell you how conforting it feels to have some advice and support from people who are on my side and don't make me feel like some master criminal xxx

[sequenci]

Many thanks to everyone for your help. It makes me feel very supported and a lots less scared - thank you.

glad to hear it!

 

Firstly the summons is in my name only

they can chase either party for the full amount, grrr.

 

they have already provided details of the shortfall figure and interest etc

is it only the last six year's interest they are claiming?

 

I have been told that it is not worth attending as the judge does not have any jurisdiction over the amount of the claim as the claim has been legally issed and the amount they are claiming is legally correct

who told you that?

[KJK]

I am embaressed to say I paid £225.00 for membership to IBAS and they advised me and I quote 'there is unlikely to be any actual hearing and in any event there is the judge does not have any jurisdiction to make a decision on settlement figures. There remit is basic is there a debt or is there not a debt.' I feel I have had better advice on this website but I panicked and I paid for advice. I now feel they just want to get it settled as quickly as possible it is them that have suggested a starting offer of £7500.00. I want to pay as little as possible but I feel like I am a cheat for trying to suggest this. The interest they are claiming is from May 1997 to date (which is the completion date of the sale) Again thanks for all your advice.

[Bona]

Dont think they can claim that amount of interst only 6 years

[sequenci]

Dont think they can claim that amount of interst only 6 years

 

You're 100% correct.

 

They can ONLY claim the last 6 years' interest under s20(5) limitation act 1980. [bristol & West v Bartlett, Paragon Finance v Banks, Halifax v Grant]

 

What I will add is that monies received from the proceeds of a sale are applied first to interest, this was confirmed in West Bromwich Building Society v Crammer [2002] EWHC 6218 (ch)

[KJK]

Thank you for that information that has been really useful, wot do you think about the issue of going to Court to ask the judge to reduce the amount of the claim in your opinion do you think this might be useful?

[sequenci]

VERY.... they are trying to get 5 years extra interest out of you!

[KJK]

Thank you everyone for your help. I am just so confused now though

I have been told by an advisory agency that as I have been making monthly payments for the last 4 years I have effectively accepted and admitted the debt therefore I do not have any grounds upon which to defend the claim. I have also just realised that these forums are public and obviously other organisations with ulterior motives trawl them and I might have made my identification a little transparent (I always was too naive) In my day job I support my clients to attend County Court hearings in respect of rent arrear and social housing repossession proceedings but do you know what I am scared to death of having to attend my own hearing - how silly is that

[KJK]

I refer to the above posting I made on the 01/05/08. I would like to make it clear that this was not a criticism of IBAS but of myself. At that time I was not aware of how much free information there was available regarding these matters. However I don’t think that personally I could have coped with the negotiations without the help and advice I received from IBAS. I would like to be clear that IBAS were very professional, they were efficient and patient when answering my many, many questions. With the support of IBAS I have been able to reach an amicable settlement with Bradford & Bingley without attending Court.

[sequenci]

Thank you everyone for your help. I am just so confused now though

I have been told by an advisory agency that as I have been making monthly payments for the last 4 years I have effectively accepted and admitted the debt therefore I do not have any grounds upon which to defend the claim.

 

could you tell me who said that please?

[KJK]

Hi Sequenci

 

I have got myself into some hot water regarding some comments I have made in this forum, as you will probably note from my last post from yesterday. I think it is therefore better that I don't make any further comments on the matter. I am however curious as to why you are asking in view od this being an old post?

[sequenci]

Hello there.

 

I want to ensure that the rest of the CAG members do not get possibly incorrect advice from 'advisory agencies'.

 

Best wishes,

 

Seq