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County Court Summons - Mortgage Shortfall - Advice Needed


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Received a court summons from Northampton from Norton concerning a secured loan on my wife's cottage. Its dated 03 August.

As we don't live in the cottage, we had no idea it had been sold and we have not heard anything from Norton or Oakwood concerning the price they achieved.

Before it was repossessed we did inform Oakwood we had 2 offers on the property that would ahve cleared their debt and half of Norton's.

The Norton claim is 9k more than we thought we owed a total of 18 K

We are on benefit, my wife works part time, I don't, and have problems paying bills, but do have equity in my home.

I've phoned the CAB guy who helped us through the Oakwood repossession but he's away and they can't get to see us until next week. Do I have time to see them, or what do I do next

 

Thanks

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Hi - this is a bit too complicated for me but there are others who are more knowledgeable who will help - meantime can you post more info on how long ago the property was sold etc as this makes a difference in terms of what can be pursued and when. It also seems odd that not all of the securities on the house were settled at time of sale? - presume there was a shortfall re the second charge with Norton and this was facilitated by oakwood not getting the best price and if this was in recent years they have failed to follow the guidelines on reposession. Assuming the first charge was oakwoods and you/partner party to that contract they must provide you with all the details, how about doing a SAR on them straight away for starters. Hope this helps.

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There were 2 charges on the house . A sole one for my wife on the original mortgage, of 68k and a second charge with Norton for 12k, 3 of which we'd paid off.

The house must have been sold recently for under 60k based on the 2 demands we've just received which considering we had it on sale for 14 months at 130k and had offers that Oakwood had refused of 75k, 80k, and 83k, I find alarming.

The Norton debt seems to have rocketed too and as yet despite requests we have not received any confirmation of what the house was sold for.

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I have put together the following defence which spells out our joint position. Is it ok.

 

1. Until receipt of this claim we had no idea the property in question had been sold and have no idea what sum was achieved.

2. We have not had any correspondence or discussion with Norton Finance or their representatives since their possession order was

granted

3.The sum owing then has grown substantially to the sum stated in the claim, we have no idea how that has been justified.

4. Since receipt of this claim we have written to Norton and as yet have received no information or explanation.

5. We have as yet not received any correspondence from the first mortgagee, Oakwood Finance, concerning the sale of the cottage or

the shortfall either and despite correspondence, no reply or explanation has been received.

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