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Hi guys,

 

Well I need advice I currently have a loan with the Swift Group, however they are a bunch of parasites, I fell into arrears with them and they are in the process of attempting to get my house back.

The loan is in joint names, but I was wondering if I signed the house over to my Dad, would they still be able to reposess my house because the loan is secured on the house and my name is on the deeds.

 

T.I.A

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hi, sorry you find yourself in the situation your in, but perhaps you can give us a bit more info, ie is it a secured loan on a property or was it a loan on a mobile home? i ask this as from what i can find swift group provide finance on mobile homes and caravans etc, also when did you take out the loan, as much info as poss please and someone will be able to help you

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If you have a loan secured on a house, caravan or whatever then you may not dispose of the item unless the loan is cleared or the loan company gives their permission.

Once you take out such a loan then the loan company in effect own part of your house, caravan etc. So the house is not yours to sell as you don't own it all.

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Have you made an offer of repayment of any kind? Mortgage Conduct of Business Rules Book 13 exerpts that may be of use in regards to the way a firm acts when a customer is in arrears

 

-A firm must deal fairly with any customer who is in arrears on a regulated mortgage contract

 

-Using reasonable efforts to reach an agreement with a customer over the method of repaying any payment shortfall

 

-Liase with a 3rd party source of advice regarding the payment shortfall (usually the CAB)

 

-repossessing the property only when all other reasonable attempts to resolve the position have failed

 

It also states--

 

"A firm must not put pressure on a customer through excessive telephone calls or correspondance, or by contact at an unreasonable hour"

 

If the mortgage is in both your names are you both liable for the whole 100% of the property or do you own 50% and your father the other 50%?

I ask this as if your father isnt in arrears they cant kick him out the house...


Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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