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Mortgage shortfall - shoosmiths for Halifax

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Back in 2010 me and my now ex purchased a house (£135,000, the mortgage was only for £121,000)

I ended up leaving in early 2012 due to psycological abuse from my ex.

 

My ex chose to keep the house and continue by himself with the mortgage repayments.

We agreed that at the end of the first 3 year fixed rate term we would get my name taken off as the 2nd signitory and he could keep the house.

 

Early 2013 and after a last ditch attempt at emotionally blackmailing me to return by saying he couldn't afford the payments

(he declined my suggestion to just sell the house or take in lodgers etc to help him).

After I refused he then told me he had in fact stopped paying.

 

I tried to contact Halifax a couple of times whom refused to deal with me as I didn't have any details of the account (ex wouldn't give me them) and also threw in my face I was only the 2nd signatory.

 

Eventually in Aug 2013 I convinced someone in arrears to talk to me whom confirmed there was 6 months arrrears and my ex had discussed a voluntary repossession with the halifax.

Due to this, our account was standing at £126,000.

 

I was told if i agreed to the reppossession that the monthly repayments would still be added on until the property was sold.

 

I was also informed that my ex had notified the bank I had left back jn 2012 but stated he had no known address for me (he did) I passed over a forwarding address and I was assured anything else to do with the arrears and if the voluntary repossession went ahead then they would contact me as well.

 

I agreed to the voluntary repossession with my ex and signed the form he produced me with which again included my forwarding address

 

- to this day I have never heard from Halifax regarding anything to do with the arrears/house etc

- is this normal?

 

A few months later I saw online myself that the estate agents in charge wanted offers of over £90,000

 

in March 2014 it was sold but i don't know how much for as sold prices for auctioned property aren't made public knowledge.

 

I have been led to believe that it sold for no more than £105,000

- this would mean a shortfall of £21,000 going on the figure given to me back in Aug 2013.

 

There would also be another 6 months arrears added onto that figure from Aug 2013-March 2014 when the property sold so a shortfall would be at least £24,000.

 

This does not take into account the interest I was told that would be added on as well as all the legal costs of it.

 

The only contact that has ever been made with me over any of this, back from the original arrears starting in 2013 is now when

 

last week I received a letter from a lawfirm saying they wanted to recover the shortfall debt of £20,000 from me.

 

I have no idea what to do about it

- I am no longer in contact with my ex so have no idea what his intentions are.

 

My mum strongly suspects he may have accepted responsibility and even paid some shortfall off and stopped hence why they are now contacting me

- they have by-passed my original forwarding address (my mums) and gone straight through the electoral roll to contact me at my current address.

 

we are convinced the shortfall was originally more than £20,000

- my mums advised me to ignore the letters from the law firm and to not even ask for a breakdown of anything incase they take it as a acknowledgement of the debt

 

- citizens advice would not confirm with me if making an enquiry would be seen as acknowledgement or not.

 

They also said since i have no assets or savings and live with my new partner who has a mortgage in his own name (i don't pay into the house as such other than food/housekeeping) that he can be affected and his house/income will be taken into account when trying to recover the shortfall

- surely this can't be true?

 

Were not married and don't even share an account.

Any advice would be much appreciated.

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so what has this got to do with shoos?

and who is their client?

 

 

dx


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Shoosmiths is the law firm that's been appointed by the Halifax whom we had the mortgage with to recover the shortfall.

 

 

as far as I'm aware I think their actually part of the Halifax division.

 

 

I just have no idea what to do about any of it

but I can't find anything helpful online to see where my new partner stands with all of this and what is regarded as an acknowledgement of debt (unless I'm looking in the wrong places) and I'm not in a position right now for legal fees.

Thanks

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Yes Shoosmiths Solicitors chase debts for Halifax. As far as I know they are a separate company and have been around for a very long time.

 

Acknowledgement of a debt is you paying any sum or writing to them admitting to owing the debt. Asking for information is not acknowledgement.

 

Your new partner has nothing to do with the debt. What you are thinking about, is Halifax obtaining a CCJ or Bankruptcy against you and then a court or court appointed official looking at your household expenditure to determine how much you could afford to pay. Of course then your partners finances would be taken into consideration, but only in regard to what household bills they are paying. I.e You could not pay a higher proportion of the bills to avoid debt repayment.

 

In regard to your situation with Halifax, you could send them a Data Protection Subject Access Request to obtain copies of all data in regard to both the mortgage account and the repossession processing. I suspect Shoosmiths are also trying to contact your ex partner to see whether they can obtain payment. As the debt was joint, they are not bothered who pays them.

 

You don't have to respond to Shoosmiths yet. Mortgage debts can be enforced in courts in regard to limitations act for 12 years and unless they are confident in gaining repayment, i doubt any court claim will be made for a long time. When you are ready, send Halifax the subject access request.


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Shoosmiths are independent there is no in house connection.

 

" We agreed that at the end of the first 3 year fixed rate term we would get my name taken off as the 2nd signatory and he could keep the house."

 

Im afraid this is a myth..mortgage companies will not release any parties in connection to a joint mortgage that you both applied for and it will remain joint and several.When divorce or separation happens in a relationship the only way you can be removed from a mortgage is t for one of the parties to remortgage clear the loan and then take it out as a singular agreement.

 

Is this a joint mortgage in both your names ?

 

Regards

 

Andy


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Thank you ever so much for your reply

- I actually feel like I've got a better idea of things than from visiting the C.A.B

 

 

who are just trying to rush me into accepting it and cracking on with organising a meeting with a debt woman to look through my finances to sort payment plan out and scaring me by saying my current partners own finances and property could be affected.

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Shoosmiths are independent there is no in house connection.

 

" We agreed that at the end of the first 3 year fixed rate term we would get my name taken off as the 2nd signatory and he could keep the house."

 

Im afraid this is a myth..mortgage companies will not release any parties in connection to a joint mortgage that you both applied for and it will remain joint and several.When divorce or separation happens in a relationship the only way you can be removed from a mortgage is t for one of the parties to remortgage clear the loan and then take it out as a singular agreement.

 

Is this a joint mortgage in both your names ?

 

Regards

 

Andy

 

 

Please bare with me as I'm still figuring out how to use the site.

 

 

Thank you for the info given although not relevant to me anymore

- wish I had known that at the time however.

 

 

Yes it was a joint mortgage with my ex

- sadly I'm no longer in contact with him or even know his where abouts in relation to finding out his intentions towards the shortfall debt,

 

 

I do have a sneaky feeling he will try to get away with taking responsibility as well.

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