HSBC charge on property

[mryummy]

Hi Guys,

 

Hope you can advise.

 

Myself and my soon to be ex wife are getting divorced and as part of the divorce, herself is keeping the house and re mortgaging in her own name.

 

She has managed to get the mortgage agreed and is in the process of sorting. However.....

 

HSBC, who the mortgage is with, are allegedly holding a second charge on the house which relates to a previous company that was liquidated and a security on the property against the overdraft. The company that was liquidated was owned by us both, but was liquidated in 2009.

 

As part of the agreement with the bank, the overdraft on the business account was secured against the house, we were aware of this.

 

However, following the collapse of the company, HSBC issued a demand for the guarantee to be paid.

 

Following weeks of negotiating, we offered a large sum of money IN FULL AND FINAL SETTLEMENT of the debt, with any charge being released against the property. This amount was accepted and paid.

 

Now, they are saying the charge is still there and that "any monies not paid will be taken from any surplus when the mortgage is repaid"

 

This clearly wasnt what was agreed, so what process/paperwork etc do i need to start to get this removed and situation sorted?

[citizenB]

Was this F&F agreed in writing ?

 

If you have their response in writing, then I think you will need to make a complaint to their Head office.

 

You could send a Subject Access request to them for all data and then check to see what has been going on. The request will cost you £10.00 and they have 40 calendar days to respond.

 

I will also try and find others who might be able to help.

[mryummy]

Was this F&F agreed in writing ?

 

If you have their response in writing, then I think you will need to make a complaint to their Head office.

 

You could send a Subject Access request to them for all data and then check to see what has been going on. The request will cost you £10.00 and they have 40 calendar days to respond.

 

I will also try and find others who might be able to help.

 

Hi, Yes, it was agreed in writing and this was prior to any monies being transferred to them.

 

I will request the SAR today and take any advice i can get from you amazing guys

[citizenB]

If you have a copy of that letter, I think you should only need copy the letter in a complaint to their Head office. Point out that they have gone back on an agreement which is hardly "Treating a customer Fairly"

 

Send the SAR anyway, Banks and creditors have this nasty habit of saying they only keep data for 6 years, so you don't want anything to be "lost or destroyed", should you need to take further action.

[mryummy]

If you have a copy of that letter, I think you should only need copy the letter in a complaint to their Head office. Point out that they have gone back on an agreement which is hardly "Treating a customer Fairly"

 

Send the SAR anyway, Banks and creditors have this nasty habit of saying they only keep data for 6 years, so you don't want anything to be "lost or destroyed", should you need to take further action.

 

We cant locate the copy of the letter, splitting the household up seems to have removed certain objects from the house, so we need to request a copy. It is clearly recalled that one was sent, I obtained advice from the CAG on this matter some years ago (2010) so followed the protocol 100% and donation made

 

Trying to speak with them is impossible, they just pass us on to person to person. The latest is that, as the debt was a limited company, they wont talk to us about it! HSBC referred us to metropolitan, who i know are owned by HSBC, they in turn refered us back to HSBC, who referred us to mortgage areas (the mortgage isnt in areas and never has been), they then came out with the statement "we dont know why the charge is on"

 

 

 

The business closed in 2009 and the settlement paid in 2010.

[citizenB]

Ok, well then you should almost certainly find something within the SAR I would think. Even if it is only on their diary pages.

[mryummy]

Ok, well then you should almost certainly find something within the SAR I would think. Even if it is only on their diary pages.

 

Thanks yet again Citizen B, I have sent this off and look forward to receiving their response and sorting this out.

 

I am now really enjoying fighting all these people and getting stuck into it all.