Blemain right off outstanding amount after threats of legal action

[Mark2012]

Our property got repossessed by Cheshire mortgages and after complaining to the ombudsman regarding the way it happened ombudsman said is an issue that they will not get involved and has to be resolved in court basically.

 

After that we got a call from Cheshire saying they sold the flat and there are several thousands of pounds outstanding but they were willing to work with us and lower the amount to 168 pounds. We told them that we found it strange that they repossessed the property for less money than that (and refusing to accept any settlement offer from us) and now they were willing to write off double that amount.

 

He kept asking if we are planning to take them to court we said we haven't thought about it yet and that we wanted a full statement of the account and a formal letter with the redemption figure and how they arrived to that amount.

 

For a few months they kept saying they send it to us we received nothing we told them that they kept saying they will send it again.

 

Three weeks ago I called them again they said they needed to ask the team that deals with this to re issue a figure because our previous one expired. And that in 5 days we will get a letter.

 

Today I called them to ask for the documents again and I said o received nothing. The lady on the phone said we owe nothing and the account is closed.

 

I asked if we will receive a statement and a letter confirming that she said no.

 

Are all the above normal practices? Anybody who knows more than us maybe can enlighten us?

 

Thanks

Edited October 5, 2015 by Mark2012

[citizenB]

I would put pen to paper immediately.. something along the lines of..

 

Dear Sir/Madam (named person)

Head/Registered office

 

Account references/names

 

I refer to the telephone conversation with XYZ in respect of the above account.

 

My understanding of the call was that Blemain are writing off the amount of £ XXXX.

 

I had asked if this would be confirmed in writing and was astonished to hear that this would not be so.

 

I request that you respond to this letter immediately in order that there is no misunderstanding of the situation.

 

Yours etc..

 

 

Send to their Registered/Head office address - at the very least obtain a free proof of posting, but if you can afford it, send by a tracked method that will obtain a signature.

 

It is their legal obligation to send you regular statements and I would think also to provide a breakdown of the £sum they are/were demanding.

 

You could of course also send them a Subject Access Request - this will cost you £10.00 and they are obliged to respond within 40 days. You should receive anything information in respect of your relationship with the company.

 

I will just go and find the specific SAR for your purpose.. BRB

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?390014-Mortgage-Shortfalls-Subject-Access-Request-**Correct-as-at-October-2013**

 

^^^^ SAR in respect of mortgage shortfalls.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387500-Mortgage-shortfalls-Request-Breakdown-of-balance-owed-**Correct-as-at-October-2013*

 

^^^^^ Requesting breakdown of balance owed

[Mark2012]

Thank you so much, I will follow that and see what we get.

 

Appreciate your response.

[citizenB]

Please keep us informed of your progress

 

I am bothered by their refusal to acknowledge in writing that they are going to forgo the balance. So I would really be wanting the nuts and bolts of this.

[SabreSheep]

"Our property got repossessed by Cheshire mortgages and after complaining to the Ombudsman regarding the way it happened ombudsman said is an issue that they will not get involved and has to be resolved in court basically."

 

You may need to provide background in order for advice to be given

[Mark2012]

"Our property got repossessed by Cheshire mortgages and after complaining to the Ombudsman regarding the way it happened ombudsman said is an issue that they will not get involved and has to be resolved in court basically."

 

You may need to provide background in order for advice to be given

 

Hi there isn't much to say apart from the fact that we were both in another country when the court took place. We then got a call from Cheshire saying they wanted 5k we tried to get into some arrangements with them. They refused. Not sure what else to say.