repossesion 2yrs ago, still owed money

[headbanging]

Hi,

This is my first post here, and it's a bit of a long story but i hope someone can point us in the right direction. If you need more info just let me know.

 

My father in law owned a house. The mortgage was paid outright, but he had a secured loan on the property. This defaulted due to personal circumstances. The house was then repossed and he has since lived with us. My understanding is that the excess money from the sale, he is entitled to. The house was a 3 bed in oxfordshire village, and the debt was 18K. So we know he's owed a bit.

 

The loan company had been in contact with him, and said he needed ID to get his money. They have then changed there minds over what we need to the money, and won't talk to anyone anymore. They also haven't revealed if the money is at the court, or they are holding it.

 

My father in law dosen't have a bank account, just a post office counter account (for pension credits), and they say that is a problem as well.

 

Can anyone tell me what we should do next to get him his money and get him of my sofa?

 

Thanks

[midge61]

Hi

 

I think first off you need to write to the firm concerned and get a statement of account and a full breakdown of the figures re the house sale.

 

Do you know who the house was marketed through? If so perhaps you can get some details from them about the sale.

 

Out of interest who was the lender?

 

I am sure someone else with more experience will be along soon to help as well.

[Bona]

Does your Father in law still have any of the possession hearing papers yu can make an application under those proceedings for the mortgage company to give an account of the moneys they recieved

[headbanging]

Thanks for your replys so far. They have been helpful.

 

He dosen't have any paperwork. This may sound odd, but the local postman was scared of his two dogs (two 12 yr old jack russels!!) and wouldn't deliver to the house. He only found out the house was repossed when he went home one night and the locks had been changed and a notice in the front room window.

 

The Loan company was Lloyds Bowmaker i believe. The loan didn't start with them, but i believe they were the ones who took possession.

 

We know how much the house went for, as i tried to purchase it for the outstanding amount but the loan company refused. The house went on the open market and was sold for approx 180K. With just 18K debt, thats a big sum of money sat somewhere that no-one seems to want to give him.

 

Another question i would like to add is, as this has taken so long, is he entitled to any interest from the money that has been on hold?

 

Once again thanks for your help so far

[Bona]

I assume that you know the date it was repossessed I suggest you take him to the court concerned the possession would be about 6 weeks after the first hearing they should be able to find out the case number

[headbanging]

What do i then do with the case number?

[Bona]

Get Your Father in Law to ask for information from the file who the claiment was and who the Solictor and there reference number

Then write to them asking for a statement of an account Tell them if they do not respond you will make an application to the court for an order that they give you the information and the balance of the money

[headbanging]

Hi,

 

Sorry to bump such an old thread, but we are really struggling here.

 

The firm that carried out the repossion are being gits and ignoring us at every turn.

 

We have the case number from the court, and now need to get the money my father in law is owed. We have no joy with the repossion company.

 

How can we take them through the courts to get the money? I think it would be to much money for a small claim, and have no idea how to proceed further.

 

Thanks

[jansus]

Hi just bumping your question up.

 

This is a terrible case

 

You need a full statement of costs that were involved and whether they obtained all the proper judgements for the monies they have taken from the sale. did you know manage to find the solicitors who acted for the lender ?

 

If not do you know which court ordered the possession?

 

My first thoughts would to write a very strong letter to the lender and solicitor who took possession. If necessary we can send an SAR letter about the account which may throw up some interesting info.

 

I can help you with the letter if you want.

[Ell-enn]

What a nightmare for you - someone somewhere is holding on to that money and getting interest on it! that's something you'll have to claim back as well as the outstanding monies.

 

To be honest though, I really do think you need to get a solicitor on to this - I know it will cost money but it could be paid out of the interest on what he is owed. They won't ignore threats from a solicitor and I'm sure it's the quickest way to get it sorted. Lots of solicitors offer a free initial consultation and they will tell you at that meeting how they would proceed.

 

Ell-enn

[Bona]

I believe you should make an application to the court under that case number for the mortgees to give an account to the court for the monies from the rrpossesion ( this this what a Barrister told us to do to find out what they did with the money)

[jansus]

Yes I think Ell-enn is right your Father in law has waited long enough and a couple of letters from a solicitor may just do the trick.

 

So the cost may not be that high.

 

Please let us know how you get on as we all like to see justice and so far your FIL definitely has not got that!