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Response to Shortfall

from David J. Button (davidjohnbutton@supanet.com)
Go and see a solicitor - ask them if you can get legal aid not the CAB - with all respect to the CAB, they are not the correct people to decide whether or not you qualify for legal aid - the solicitor is!

You may not necessarily lose your home over this - although a charging order is put over the property, it need not necessarily become an order for sale if you can negotiate a settlement along the lines of your current income, but if you ever sold, then the charging order would be settled out of the sale proceeds - much depends on the value now of your property and the likelihood of the price rising in the future to a level where it would benefit Halifax to wait until it was sold rather than obtain an order for sale now.

On the question again of legal aid - you may not get it completely free and might have to make a contribution.

As to the debt itself - is the amount correct - do you really owe nearly £100,000 -get it checked out. Even at this stage it is possible to counter the claim as being mathematically incorrect if indeed it is - the stumbling block is that you are already judgmented for that amount - just makes it a little more difficult.

Bankruptcy is also an option you might consider - you need specialist advice urgently.

A final comment - comitting suicide is selfish and as you say, does not help your family at all. I know a bloke whose son lives two doors away from me - on Xmas day three years ago, the son (30+ years old) hanged himself after sharing Xmas dinner with his family. My heart goes out to the parents - every Xmas dinner they sit down to now.............. well, need I say more?

(posted 6998 days ago)

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