Halifax Repossesion & Shortfall Claim

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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.

-- Karen Carr (karencarr2000@yahoo.co.uk), March 11, 2002

Answers

wow you had some trouble with your ex. he seems an animal. the law says the lender can persue you or your ex. and experence tells me they go after the one whom is responding to their letters. the lender has a duty to sell the house for the best price and aslo market it correctly, such as putting it to auction etc. in law you ow the debt but you can obtain a court order to pay them what you can afford, say 5-10 per week if you maintain this order they can not persue you further unless your income increases. Alternativly you can file for bankrupcy before doing this offer 10% of the debt they may just take it and use the cash to go after your ex. ggod luck.

-- tom burrows (zebra.9@btclick.com), March 15, 2002.

Karen contact loancheck.co.uk who will get you a large refund from the halifax by law or email johnw@loancheck.co.uk no fees to pay do it karen you wont regret it I promise,

-- Gary Allsopp (garyallsopp@hotmail.com), September 01, 2003.

Careful karen !. How on earth can Loancheck confirm to you that you will get a refund by law God only knows.

-- brian tracey (b.tracey1@ntlworld.com), September 04, 2003.

An old posting but Loancheck can save the day!

Whatever Mr Allsopp!

How do you propose that Karen can get a large refund from a high street lender whilst been joint and several liable for the lenders shortfall due to her ex's disgusting behaviour, yes some lenders really do overcharge but the Halifax!

Get Real, I am sure they do mis calculate to a degree but not to any significant amount worth pursuing and certainly less than 3,000 which is your, sorry!, Loanchecks bare minimum claim available I understand)

Karen, if Loancheck are willing to take your case on for free, brilliant, but if they want money for a sudor names 'promise' stay away.

If Loancheck cant help and you have still not sorted this problem out check the 'Who Helps' section of this web site - look under FREE Help if you are unsure.

Good luck

-- fairer financial world (fairerfinancialworld@hotmail.com), September 04, 2003.


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