Halifax Repossession & Shortfall Claim

greenspun.com : LUSENET : Repossession : One Thread

I am currently being chased for a shortfall which never would have existed if my ex had not have trashed the house. The shortfall is 15,000. I obtained a Warrant for Possession last year against my ex which meant I had control over the property. I tried to hand the house voluntarily to the bank as I believe they didn't need consent from my ex. They claimed they did write to him and he refused. They then advised my to market the house privately.

I did this at offers over 25,000. I received an offer for 19,000 and wished to take it as the mortgage was in arrears and the property empty. I approached the bank and they refused to sell it. They later repossessed and then sold it to the same buyer via the estate agent I had chosen for 17,000. So now I have repossession against my name and they are trying to make me pay. I have asked them prove the debts and answer my questions i.e an independent valuation. The bank and a division of theirs 'Colleys ' valued the property at 15,000 or under and compared it with properties of a completely different type (two up two down pit cottages in a less popular area) my house is semi detached bungalow in a popular area. How can that be.

They have offered a good will jesture for me to pay 5,000 but they still will not give me any answers to the question i.e. why was it sold for 2,000 less my original offer. Why wouldn't they accept the offer I had. I feel that the repossession should be lifted but they just keep demanding I fill in the Income & Expenditure form it even asks for my partners wages and child benefit. They said if I don't fill it in they will make me liable for the 15,000 I don't even know whether they have chased my ex who earns in excess of 50k per annum. The shortfall is more than what I earn in a year. He evens owes me 7,000 CSA money. Any adive on where I stand or if the Halifax are wrong!!!!!

-- KC (karencarr2000@yahoo.co.uk), May 15, 2002

Answers

Hi Karen,

Do NOT fill in their Income & Expenditure form. By doing so you may be admitting liability to a debt which they have yet to prove satisfactorily. You must SARN the HALIFAX, COLLEYS and the ESTATE AGENT concerned to get all the facts especially the copies of the valuations. If they refuse to supply the valuations for any reason then please feel free to cite my case where they did supply them (Though I rather feel that they wish they hadn't!).

It certainly seems based on my experience with the HALIFAX that they are still up to their same tricks. The income and expenditure form the HALIFAX's solicitors recently sent me actually asked how much pocket money each child got! The form is now in the hands of a BBC reporter who was VERY interested in what the HALIFAX is up to.

I certainly wouldn't trust any appproach from the HALIFAX with the word 'goodwill' attached to it - to them it's just like any other word and they use it blandly.

Read the Home Repossession site thoroughly and insist on the HALIFAX proving the debt, which they HAVE to do.

Don't let yourself be a victim!

Best Regards,

-- Tony Hayter (Tony@Hayter.com), May 15, 2002.


They have sent me copies of the valuations although I don't agree with them. The estate agent I used valued it at offers over 25,000 and the Halifax sold it with the same estate agents. Only because I said I had a buyer.

I've asked questions such as why did they ignore my warrant for possession, why had they sold it for 2,000 less. Any other things I should ask? I've threatened them with the Ombudsman and they said fine. Like they are confident? What's my next port of call.

-- Karen Carr (karencarr2000@yahoo.co.uk), May 15, 2002.


Karen,

I think you should also take you case to your local MP. The more of us who do this the better.

Good Luck, Mark.

-- M Amos (idgroms@hotmail.com), May 15, 2002.


Moderation questions? read the FAQ