Home repossessed -topaz now asking for shortfall

[Sirbob00]

Hi

 

Our home was repossessed in September 2014.  

On our credit file it says Default Date 10th September 2014.  

Should we have been sent a Default Notice?

 

I did SAR the mortgage company and I felt the price they accepted for the property was low.

 The SAR indicates that they only had 1 estate agent value the property.

 

 Also the SAR shows no Default Notice was ever issued.  

They wrote to us after the house sold with the final balance and their intention to chase the balance.

 I know they can chase for 12 years but we’ve not heard from them since 2015.

 

Many Thanks

[dx100uk]

it's not 100% true they can chase for 12yrs on a  shortfall after repo.

 

 

[AndyOrch]

If you have a secured loan or second mortgage that is covered by the Consumer Credit Act 1974 , your lender must send you a default notice before they can start the standard repossession procedures. This page explains what to do if you are sent a default notice.

Is my loan covered by the Consumer Credit Act 1974?

If your secured loan or second mortgage is covered by the Consumer Credit Act 1974, it should state at the top of the loan agreement, 'Consumer Credit Agreement regulated by the Consumer Credit Act 1974'. Your loan will probably be covered if:

• you took the loan out after 6 April 2008, or
• you took the loan out after 1 May 1998 and before 6 April 2008 and your loan is for no more than £25,000, or
• you took the loan out before 1 May 1998 and your loan is for no more than £15,000.

https://scotland.shelter.org.uk/get_advice/advice_topics/repossession_of_your_home/arrears_on_secured_loans_and_second_mortgages/getting_a_default_notice

[Sirbob00]

dx100uk

 

i thought it was 6 years for the interest and 12 years for the capital.

 

Andyorch

 

Due to our situation we advised the mortgage company we were moving out to rented accommodation.  We gave them our forwarding address.  As we needed to apply for housing benefits we couldn’t until the house was repossessed.  I rang the mortgage company who advised they’d repossess straight away.  I’m pretty sure we moved out of the mortgaged property on the 31st August 2014 and the property repossessed 10 days later and the default notice was recorded on the 10th September according to our credit file.

 

We also had a secured load on the property which was for £25,000 started on 7th Jan 2007.  That fell off our credit file a while ago.  I receive yearly letters

[AndyOrch]

Your main mortgage would not be covered by the CCA1974 as it would be over the 25K threshold....only secured loans up to this amount  which are regulated by the CCA 1974 would require a DN.

 

Interest is 6 years and capital 12 years.

 

Andy

[Sirbob00]

So there is no requirement to issue a default notice for the mortgage.

 

Im unsure of one issued for the loan as it fell off the credit file a while ago.  So the mortgage company can chase the £50,000 shortfall for another 6 years and the same with the secured loan which was for £25,000

[AndyOrch]

https://www.financial-ombudsman.org.uk/businesses/complaints-deal/mortgages/mortgage-shortfall

 

Mortgage capital is the money you originally borrowed. For this part of a mortgage shortfall debt, the lender has 12 years to use court action to make you pay. This is under section 20 (1) of the Limitation Act.

 

If you owe interest

Mortgage interest is the interest you were charged to borrow the money. Your lender may also charge interest after your home is sold. For this part of a mortgage shortfall debt, the lender has six years to use court action to make you pay. This is under section 20 (5) of the Limitation Act. 

[dx100uk]

don't poke the sleeping bear then!

 

dx

[Sirbob00]

yesterday I had a notification from Clearscore that my mortgage was to be removed from my file as it’s been 6 years since it defaulted.  

 

I then get a notification today that it will be re added.  

Now I know they have 12 years to chase the capital but can it stay on my credit report for 12 years?

[AndyOrch]

A default...for any debt only shows for 6 years.....the details of your Mortgage borrowings should remain for the term of the mortgage providing your payments are up to date.

[Sirbob00]

So if the house was repossessed and no payments have been made since July 2014 (default date on credit report is 10th September 2014) it will always show on my report as defaulted for the term of the mortgage.

[AndyOrch]

No it will show the details of the mortgage....not the default....that can only show for 6 years.

[dx100uk]

once a defaulted date reaches it's 6th birthday the whole account will vanish

that doesn't necessarily mean the associated debt is not still owed mind..

[AndyOrch]

And if an account is closed that was in good standing it can show for up to 10 years

[Sirbob00]

Hi

 

We allowed our home to be repossessed in 2014.  The house was sold but much less than what we paid.  It was an interest only mortgage.

 

 They wrote to us in 2015 regarding the shortfall.  We didn’t respond and now they’ve written to us again asking for the amount to be repaid (just over £50,000).

 

They’ve asked us to complete an income/expenditure form and if we don’t reply within 14 days then they says they have instructions to recover the debt by taking further action.

 

Could you please advise how best to proceed?

 

Many Thanks

Edited December 15, 2021 by dx100uk
added A few blank lines only..dx

[AndyOrch]

Hi there, I'm not sure why you posted this in General Motoring Issues forum I have moved you to the appropriate forum.

 

Andy

[dx100uk]

Why have you posted in the motoring section¿?

 

is this your natwest one or your picture one

 

Youve not told us anything in the post above....

 

 

 

Refers?

 

Dx

[Sirbob00]

Hi

 

Apologies for posting in the wrong section.  I only just noticed and was try to rectify.

 

The mortgage was from a company called Topaz.  It was taken out in January 2007 for roughly £115,000 and was interest only.

 

When my husband became sick and lost his job we couldn’t afford to pay and no help was available to us after the payment protection policy we had ran out (payment protection policy wasn’t through mortgage company). We decided to allow the house to be repossessed and we rented in another area.

 

From what I recall the house was sold for roughly £60,000 in 2015.  We received a letter informing us of this but since then nothing until today when we’ve received a letter asking for payment or an arrangement to pay.  I’m unsure how to proceed.

 

Thank you 

[dx100uk]

Who repo'd the home? Topaz, ?? Yes they do have 12yrs on the capital that exists, but i'd expect there are £1000's in unlawful penalty fees.

 

send them an sar.

 

was this a joint mortgage with topaz?

 

Dx

[Sirbob00]

Hi

 

Yes it was Topaz who repossessed the property and yes it was joint.  My husband has received the same letter.

 

I’m unsure why as I thought I’d asked about this before on here as it was recommended I do a SAR and I did back in 2015.  I still have the paperwork that was sent to us.

[dx100uk]

got the full agreement still?

 

now you've moved obv since taking this out

when we advised in your other threads to write to all creditors, did you to topaz, or you've not moved since the SAR return?

 

have they in WRITING from you your correct and current address?

 

 

[Sirbob00]

Yes we notified them of our current address when we advised the others.

 

Yes I’ve got the agreement.  Our mortgage was for £104,000, house sold for £60,000 and they say £50,000 roughly is outstanding.

 

Im still looking through paperwork but I remember someone telling me the mortgage company should have got so many different estate agents to value the property but only got 1.  We paid £115,000, was listed for £70,000 7 years later and £60,000 is what it was sold for.

 

I’m wondering if just writing to them advising of our situation.  Husband on PIP and ESA.  I’m his carer and work part time, term time with 2 children still in education although any benefits for them end in May 2022 and August 2022.  Our 19yr old has special needs and also receives PIP.  Basically we can’t afford to repay £50,000.

[dx100uk]

Who says you have too?

 

Can you try and refrain from using such labels as mortgage company or mortgage or loan ...use the original creditor  name as you are telling us nothing useful at all.

 

think this had been asked in at least 3 of your threads now and never answered..WHO repo'd the house please??

 

Topaz, picture or natwest....or another mortgage/loan company that to date you've not mentioned?? As this is the first time you've mentioned topaz in your threads related to all your financial issues here to date..

 

Members cant advise properly if we dont know names and the full story.

[Sirbob00]

Hi

 

Topaz repossessed the house after we said we could no longer afford the mortgage.  We sent the keys and title deeds to them as they requested.  Topaz then wrote to us confirming receipt and that the property was repossessed on the 10th September 2014.

 

I answered in post 6 who repossessed the house.

Edited December 15, 2021 by Sirbob00

[dx100uk]

thank you 

 

i would be sending them a new SAR.

 

scan your full agreement up to one multipage PDF file please

ensure you read our upload guide carefully FIRST.