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Halifax Repossesion & Shortfall Claim

from Karen Carr (karencarr2000@yahoo.co.uk)
I bought a house in 1995 with my then partner and the mortgage was for 27,500. The house was marketed in 1996 for 38,950. We shortly separated in 1997 and I returned to live with my father with my 4 month old son. I was at university and could not afford the mortgage. My ex partner changed the locks on the house and moved his somewhat troublesome family in. He refused me access and a set of keys. He retained some of my furniture also. I tried to have my name removed from the mortgage and did not want any of the £10,000 profit from the house or belongings. The transfer almost went through on two occasions but was stop by him. On one occasion the house went to repossession but my ex offered to pay and a suspended order was granted. Again during this time he defaulted then paid the day before balliffs were due. During this time also I obtained an order for sale. Each time the estate agent tried to gain access to value the property no one would answer any correspondence. Any for sale board were shortly taken down. Again I returned to court and obtained an eviction order. Again my ex tried to say he'd take my name off although I insisted on he moving out until the transfer went through. He moved out in june 2000. I eventually managed to gain access to the house just 3 years later and was astonished by the state of the house. The external garage has been taken, the bathroom ceiling had collapsed, the kitchen had been ripped apart and the house was is a severe state of disrepair. The house was valued at £27,000 although my ex partner would not sell the particulars to sell. Therefore I could not sell the property. I returned to court where I was granted a warrant for possession to enable me to voluntarily hand the house back or sell the property. A balliff met me there to change the locks. I handed the keys into the Halifax for a voluntary repossession. Three weeks later I contacted the Halifax to see what the position was. They had said they could not accept the keys as my ex had objected. I stated I had possession of the property as granted to my by the county court. They said they were not party to this and that it was a private matter. They advised me to market the property. I marketed the property via an estate agents for offers over £25,000. I eventually obtained an offer for £19,000 with no chain. I referred back to the Halifax whom said that I could not sell the house I required my ex to sign to the sale and also negative equity. Just after this the Halifax repossessed the house and upon advising them I had an offer for £19,000 and that the house was on the market. They agreed to the sale with my private buyer. They have instructed debt collectors who have written to me demanding immediate payment of £17,397.98 (approx) 4th March. I wasn't even aware that the sale had gone through and how much it had sold for. I received a letter from the Halifax's Solicitors on 7th March stating that the house had been sold but for only £17,000. So the selling price has reduced from £19,000 to £17,000. The Halifax also said that the amount owed in the collections agency letter was only estimated they had just sold the house the day the letter arrived to my house. My ex partner owes me £7,000 CSA payments and is self employed earning in excess of £45 per hour. I don't even earn what the shortfall is. I don't know what to do and I can't afford to pay them. What can I do. I don't see why I should have to pay the shortfall as the shortfall would never have existed if my ex hadn't have destroyed the house. I have proof of the value of the house before I left. I have been in constant contact with the Halifax informing them of events as they occur. Please help. I'm desperate.
(posted 8080 days ago)

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