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Hi Everyone!

I've spent about a fortnight dropping in and out trying to get the general gist of things and have followed one or two threads with great interest.

After much appreciated help from Sharon (CAG Help Team) I feel I'm now ready to take the plunge and share my experiences for the benefit of others who may follow.

Apart from the bog standard reclaiming of my previous bank charges which I'll be attempting, I'll also be looking at a 10yr old mortgage account with the Halifax that I once had.

I was repossessed owing less than approx £800 3yrs into a 25yr "With profits" endowment mortgage of only £18,000. My repayments were at the time only approx £100pm and I was away at Uni as a mature student. I had an arrangement with the Halifax to collect my statements from their local branch where my Uni was, and cos I was only receiving my grant 3 times a year I naively didn't realise that my SO's were being returned cos they were incorrect figures due to the often changing interest rates at the time.

The long and short of it was that I returned home one day to find the locks changed on my house and me having only 2hrs to move what possessions I could myself out of my 3 bed home whilst a very unsympathetic Halifax estate agent looked on sniggering.

I appealed against the Repossession Order via the County Court only to be told at the time that the Halifax only had to serve the papers to my property, not myself!!! I had the money to pay the arrears but the Halifax wouldn't accept it saying that they wanted at least £10,000 from me, an impoverished struggling student!

Very soon afterwards I received at my Uni address details of the Halifax de-mutualisation share offer. The 'half an equatorial rainforest' of bumph informed me that I could vote cos I had a mortgage at the time of the notice of de-mutualisation...but wouldn't receive any shares cos I didn't have a mortgage when they would float!!!

I had to cash in my endowment policy cos of needing somewhere else to live, receiving less than I'd paid in.

The Halifax sold my home for only £11,000 and said that I had to pay them the difference at the time, which was £13,000 incl the court costs. This was despite me having paid out approx £200 Indementary Insurance at the onset of my mortgage.

Throughout the many threads that I have read through I've never come across CONSEQUENTIAL LOSS. Is there such a thing that could be claimed from way back in 1996, with no paperwork having been retained by myself to support any possible claims???

But first, my other more 'straight forward' (sic) battles...lol

  • Haha 1

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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  • 1 year later...

Astonoshing, but sadly, not unique.

 

Firstly, repossessions must be appealed within 14 days of the Court Order, so not much chance of having it overturned I'm afraid.

 

Do you have a full copy of the mortgage account? If not, you need to make a full SAR (including any computer logs) they have on their systems.

 

Was your original mortgage with HBOS? Did they inherit it by buying out the company you took it out with?

 

When you were given 2 hours, were you able to remove all of your possessions, including the fixtures and fittings? Was an inventory taken of any property that was left AFTER you had removed what you could?

 

Who was the property sold to?

 

How was it marketed - by Halifax Property Services by any chance?

 

Make sure you get full and complete copies of any valuations that were performed on the property, including the identity of anybody who performed them.

 

When you have the statements, scrutinise all charges that were made against the mortgage.

 

This is almost identical to my case, only I was given ONE hour to remove everything. Best of luck, if I can help I sure as hell will.

 

Tide

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It is sad that this thread was buried. It is worth looking into again MTM, knowing what you know now.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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It is definitely something that I had put on a back burner.

The situation wasn't 'imminent' until recently, when I started to receive the obligitory "Give us back £13,000 yesterday!" type demands from a commissioned DCA.

 

The ultimate question is...

 

Do I continue to ignore the DCA letters + hope that they DON'T take any action until after 12yrs has elapsed + therefore the 'alledged' Debt of £13,000 becomes TIME EXPIRED??

 

Or...

 

Do I follow in TideTurner's wake, draw attention to myself + risk being lumbered with a £13,000 + whatever any Costs come to Debt, if I lose any Court action??

 

I haven't paid ANYTHING to ANYONE since my repossession 11yrs ago.

Strange, isn't it, how DCA's leave it until the final year before they start chasing hard.

Just long enough for them to reasonably assume that U must be back on your 'financial feet' by then + for them to be able to take their pound of flesh!...:-x :-x :-x

 

I really think that I NEED to get drunk over Xmas...Sober up...Then re-assess my position on this issue, early in the New Year.

 

btw...TT, I was going through Family Court re: Establishing Parental Responsibility/Contact Orders for my estranged children at the time.

Part of my argument in the Family Court was that I owed a 3-bed house + could provide shelter for my children.

I hadn't managed to obtain legal aid for this matter + it had cost me in excess of £20,000 to that date (...more than what my mortgage was!), as barristers had become involved by then.

 

For the 1st hour + a half of those 2hrs I was allowed access, I broke down + was sat on the doorstep crying.

My whole world had collapsed around me.

I was on my own + had nowhere else to go, + no transport to get there.

I only managed to collect together my kids photos, a few clothes + some confidential papers about my Family Court appearances.

Everything else was left...:Cry:

 

As I have already said...I need to think about my next step, over Xmas.

It was a very very painful time for me personally + not one that I want to be remembered of by revisiting unnecessarily.

 

NO offence has been taken TT...I am a Bloke after all

...I have to remain objective about this, to be able to make the RIGHT decisions!...8)

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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It's a very tough call going back over this I can see. All we can do is offer you the strength of thousands of people who will help you get recompense for wrong doing by those who have done it. You can't turn the clock back or replace stolen moments, but you can use the law to make these people pay if they have wronged you and every last one of us on here will be helping you piece it together line by line to make sure you get justice.

 

May your inner strength win through.

 

 

Sarah

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I understand MTM, I was going through the same and haven't seen my eldest for 6 years.

 

You'll go through almost every emotion in the book, anguish, fear, loss, anger.

 

Sometimes you will get totally fed up and feel like jacking it all in. When this happens, I think about what they have done and how they tried to scare me afterwards. Then I get angry. Then I channel that into getting even.

 

Don't ignore their letters if they need action before Christmas. If they don't need action, then have a good one!

 

If you need help in a hurry then PM me, I don't think it's likely they'll allow it to become time barred.

 

I know it is VERY difficult to face, but if nothing else, keep ALL correspondence they send.

 

All the best

 

Tide

 

PS Sarah, I haven't forgotten your post - very interesting.

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Does this 13K include interest? Have you been provided with a Notice of Assignment? Who was the mortgage lender?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It is definitely something that I had put on a back burner.

 

 

...I really think that I NEED to get drunk over Xmas...Sober up...Then re-assess my position on this issue, early in the New Year.

 

...I need to think about my next step, over Xmas.

It was a very very painful time for me personally + not one that I want to be remembered of by revisiting unnecessarily.

 

...I have to remain objective about this, to be able to make the RIGHT decisions!...8)

 

Don't ignore their letters if they need action before Christmas. If they don't need action, then have a good one!

 

If you need help in a hurry then PM me, I don't think it's likely they'll allow it to become time barred.

 

I know it is VERY difficult to face, but if nothing else, keep ALL correspondence they send.

Thank U TT.

I have kept the recent correspondance safely tucked away.

Without getting everything all out again, I can just remember that the wording was the usually DCA stuff of Contact Us or else we will take things further.

I think that there has been 3 letters in total, saying pretty much the same thing.

 

 

 

 

When did they FIRST get in touch with you regarding the repossession?
The original Repossession Proceedings??

...Or the latest DCA "Give Us back £13,000" correspondance??

 

I don't remember receiving ANYTHING from ANYBODY since I lost my original appeal against the Repossession taking place in 1996.

I HAVE moved quite a few times since then though.

The recent series of letters started arriving just a couple of months ago.

 

 

 

 

Does this 13K include interest? Have you been provided with a Notice of Assignment? Who was the mortgage lender?
I had taken out a 'With Profits' Endowment Policy with Standard Life, through the Halifax B.S.

My total mortgage was in the region of £18,000.

Halifax Property Services dealt with the sale of the house @ the time of the Repossession.

It was sold for only £11,000

The £13,000 is the shortfall, including their Costs of recovery...i.e. legal fees etc when I lost my appeal in 1996

 

 

 

 

* BUMP *

 

I *really* need to know if you were contacted by the lender within six years of the sale OR before 11th Jan 2000?

 

There *may* be an argument based around The Council of Mortgage Lenders and their voluntary code.

I wasn't, as far as I can remember!

See above for further details.

 

I always thought that a Creditor had 12yrs to chase U for such things as Repossession Shortfalls etc??

It is a different type of Borrowing compared to a Personal Loan etc., where they ONLY have 6yrs, before the SOLA kicks in??

 

 

 

My original thoughts HAD been...

 

Mis-selling of the Endowment Policy.

Deprivation of the Shares that I would have received from the De-mutualisation of the Halifax B.S. if they HADN'T Repossessed when they did.

That they 'undersold' the house @ £11,000, cos when I purchased it for £18,000, similar houses on the same street were being sold for +£30,000.

 

I had paid approx £200 Indemnity Insurance to the Halifax B.S., to protect them against me Defaulting.

So WHY are they trying to chase me for £13,000 shortfall via a commissioned DCA??

Do they expect a DOUBLE PAYOUT???????...:confused:

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Although the Limitation Act states that a credit has 12 years to chase for a mortgage shortfall, The Council of Mortgage Lenders have a voluntary code which states they will NOT chase someone after six years.

 

The rules are slightly different in the sense of 'contact' whereas f they were to have gotten hold of you anywhere they could have stated that they have contacted you, proving this could be difficult, however.

 

The fact that a DCA is now involved might make things difficult for you but you should certainly consider either

 

a) hiding away for as long as possible to get past that golden 12 years point

 

or

 

b) if they do hound and hound you consider sending this letter:

 

(Your home address)

Date:

To:

 

Dear Sir/Madam

 

Account No:

 

You have contacted me/us regarding the amount you claim is owed as a shortfall on the mortgage following the sale of my/our property.

I/we understand you are a member of the Council of Mortgage Lenders (CML). As you will be aware, the CML has the following policy on obtaining repayment of mortgage shortfall debts. This applies to all CML members.

"Lenders are committed to fair and sympathetic treatment of people who have suffered repossession, and accept that individuals should not face long delays before lenders contact them to discuss repayment of the shortfall".

 

"From 11 February 2000, lenders who are members of the CML have agreed voluntarily that they will begin all recovery action for the shortfall within the first six years following the sale of a property in repossession. Anyone whose property was taken into possession and sold more than six years ago, and who has not been contacted by their lender about recovering any outstanding debt will not now be asked to pay the shortfall".

 

I/we would point out that the property in question was sold on (insert the date). Also the first contact I/we had from yourselves was by phone/in writing on (insert the date).

 

I/we therefore suggest that under the CML policy my/our property was sold more than six years ago and I/we have not been contacted by yourselves within that time. Therefore I/we should not be asked to pay any shortfall debt outstanding.

 

I/we would point out that from 31 October 2004 the Financial Services Authority (FSA) have issued' The Mortgage: Conduct of Business Rules' which say that if a lender decides to recover a mortgage shortfall debt they must make sure the borrower is informed of this within six years of the date of sale.

 

I/we look forward to your confirmation, in writing, that any outstanding shortfall debt will not be pursued against me/us any further.

Yours faithfully

 

 

(Your signature)

 

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you *may* have to consider if the DCA are acting on behalf of the original lender or if they have purchased the debt (most likely)... After all, Halifax would have got their money back already via MIG insurance at a guess. (edit: looks like they already have!)

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  • 2 weeks later...
  • 2 weeks later...

Right, Christmas is over now MTM, so time to start taking control of matters. Looks like you've been getting some good advice lately so have you decided what you're first step's going to be.

 

Think about what you need to do. You have some options here and you need to think about what's going to give you the best outcome. Maybe you should just sit down with a pen and paper and list the pros and cons of each option. Don't feel you need to do everything all at once, but if you at least make a start taking charge of the situation, you can begin to put this behind you once and for all.

 

Your kids will be proud of you if they see you are a man who takes positive action. You've got a lot of friends here to help you achieve that, but you're the one who has to do it.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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To avoid hijacking Tilly's thread I'm responding to some points here MTM.

 

If my memory serves me correctly caro...

When the different spreadsheets were 1st devised + put online, the consensus of opinion by those that understand the workings of the formulas etc, was that Mindzai's Spreadsheet was more mathmatically correct + was also much simpler to use.

I also understand that Vampiress herself, acknowledged it's all around suitability...:)

 

Certainly there was a consensus amongst a certain group who were all for claiming CI that Mindzai's spreadsheet was better. I think the fact that Vampiress changed her stance on CI, that the spreadsheet was never put in the library, and that no templates were ever done for CI gives an indication that this was not a generally held view. Indeed many advocates of CI changed their opinion as it became obvious that it was too risky to claim, especially outside small claims court. You will note that Mindzai's case was quite small and was settled before court.

 

 

We have already agreed to disagree re: C.I. Claims for Newbies or those that don't want to Claim it TT...;)

 

Spreadsheets are a different matter + LESS controversial (...at least to 4 decimal places they are!:rolleyes: )!!!...:p

 

 

...lol...:D

 

I would not dispute that the CAG sheets are not perfect, and I agree that they could be improved, but they've been used successfully many thousands of times, including by me. People are free to do schedules as they wish, but they are there for people who want to use them.

 

I'll try and dig out what the Leeds Mercantile judge had to say on the subject of CI.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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That last Post on THIS Thread is OFF Topic at this moment in time caro.

...If anything, it belongs more appropiately on this one...

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

 

My helpfulness in suggesting that **Tilly** use Mindzai's Spreadsheet was because it can also calculate s69 8%p.a. Interest.

Whether she would choose to Claim C.I. would be totally up to her.

She is NOT a Newbie + is perfectly capable of making her OWN mind up on the issue.

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Here's the link I promised you. http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds-16.html#post564344

 

Tilly clearly wasn't considering claiming CI, and I'm sure if she decided to she'll continue with it on her thread. I know she isn't a newbie and is very capable of researching matters and making informed decisions. Your recent flurry of interest in this area led me to believe it may be relevant to your thread. Forgive me if I've misunderstood.

 

I see little merit in resurrecting old threads on issues which have been discussed ad nausuem, but if you think CI needs a new thread in light of more recent events, that may be the way to go with this. You can always add links to old threads if relevant.

 

I for one won't be looking into this issue again any time soon, or adding to any discussions unless something happens to make me change my mind. It never has done yet.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Any progress to report?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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MTM,

 

With respect to the contents of the house, have you received copies of any inventory which was carried out before or after repossession and sale?

 

Also, do you have copies of any valuations which were performed, and do these include the identity of the valuers?

 

There are two legal issues here, both could help recover your chattels and show they were under an obligation to follow the Code and have simply ignored it.

 

Tide

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Am NOT ignoring peeps, just a bit busy with work in the REAL world + am also doing shed loads of background reading etc etc.

Am also preparing to go 'hell-for-leather' re: Multiple normal bog standard Claims which I've neglected so far!...:rolleyes:

 

All quiet on THIS western front re: DCA

...Will catch up once the ball is rolling on the other to be Claims, unless I hear again from them in the mean time.

...:)

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Am NOT ignoring peeps, just a bit busy with work in the REAL world + am also doing shed loads of background reading etc etc.

Am also preparing to go 'hell-for-leather' re: Multiple normal bog standard Claims which I've neglected so far!...:rolleyes:

 

All quiet on THIS western front re: DCA

...Will catch up once the ball is rolling on the other to be Claims, unless I hear again from them in the mean time.

...:)

 

 

 

Good luck MTM - sounds like the tide's turning - (Not you Tide :D)

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  • 1 year later...

MTM This thread has been left unanswerd for far too long again.

 

You have successfully helped other people on cag in the past me include especially during my own repossession and subsequent benefit claims and housing upheavals.

Is there anything that you might need help with, with this?

 

I know that you have attended some cag meets but you seem to spend most of your time at them helping other people, especially the newbies and answering their questions instead.

I think I can remember that you showed me a letter from a solicitor from the Halifax threatening immediate court action at one of them?

I didn't have a clue, but there were quite a few Mods there, did they help you sort it?

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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