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Response to halifax are not being co-operative

from M Amos (idgroms@hotmail.com)
Elizabeth,

As I understand it it is very difficult to get ones name removed from a joint mortgage, was he told by the solicitor handling the divorce that this had been done ? Has he got it in writing ? Perhaps this is an issue that should be raised with the divorce solicitor. Maybe a complaint to the Law Society is in order. Bad advice seems to have abounded in the early 90s.

In respect to the Sarn, have you seen my example sarn letter on the "Repossession" page ? It's about 7 items down and gives a list of items required (though these are requested under the CPR). I'll also email further info on the non compliance of a sarn by the creditor and what you should do.

I think you should continue to put the lender to strict proof of the debt. Did they sell the property for a fair price ? Can they justify all the costs ? How was the house marketed and sold and at what price? etc. Be very careful not to acknowledge the debt in any communications always put "This letter/doc under does not constitute an admission of any liability and is not an acknowledgment of the debt." otherwise you may restart the limitation period (see previous postings on acknowledgements). Usually, the best solution is to try and agree a nominal "ex gratia" settlement. I would recommend you read as many postings as you can on the Q&A site as most of the 'usual' questions have been answered already a number of times. Good Luck.

Mark.

(posted 7289 days ago)

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