We moved out in July 1995 and on Wednesday 29th Feb 2001 we recieved a letter from Eversheds on behalf of Abbey National (our mortgage was with National and Provincial who were bought out by the AB just after/during our departure from the property) claiming a shortfall of 9445 pounds, this has come as a shock as we presumed the property had been sold and monies recovered ect. The following day another letter arrived from Eversheds saying as they had not recieved a reply they presumed it was because we were not able to pay the amount we owed and their client (AB) may be willing to accept a one off lump sum of 2450 pounds. Now I have several questions I wish to ask: 1. They sold our house very quickly for 20000, we had it up for sale two years before and it was valued at 27000 then (it is in the north and properties were not in a state of negative equity)we had paid 22300 in 1989! 2. Why have they waited until now! We have just taken out a loan for a car and started to make other plans, I really am shellshocked I thought it was over, in the past, a part of life which was very sad and I had put to the back of my mind (not forgotten you never can). 3. My husband is insisting we ignore it! I honestly don't know what to do, I believe they are negligent in the way they have sold the house so cheaply and for only conntacting us five and half years later and some of the charges on the statment like cleaning and upkeep of garden-I kept in conntact with my neighbours and they have told me nobody went near the house to clean it or do the garden! 4. The day after the first letter we received another saying that as we had not replied they presumed it was because we were not in a position to make an offer and their client may be willing to accept a one off payment of 24500, but this has to be made by 9th March and will be withdrawn thereafter. Advice needed please....

-- stacey patten (spatten@ic24.net), March 03, 2001

Answers

I would serve a SARN (Subject Access Rights Notice, under the Data Protection Act 1998) on the lender. Please see this site (under Repossession) for details of how to do this. You can contact me directly if you have any queries about this procedure, as I have done it myself.

The information you receive will allow you to 'track' what happened when you 'left the property' (what did this actually involve? - handing in keys under advice? signing voluntary surender under advice? what?).

all best,

-- Eleanor Scott (eleanor.scott@btinternet.com), March 07, 2001.