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T O P I C    R E V I E W
heno Posted - 17 March 2010 : 00:57:43
Hi Guys,
I hope everyone is well.
I need to some advice regarding my mortgage Lender.

Myself and my wife were made bankrupt in March 2009 (Nearly discharged...yes)
We both included the mortgage in our bankruptcy orders, since then Mortgage express have been hounding us for payments.
They went to court get a repossession order to remove us from the property, which we left before the bailiff arrived in Jan 2010.
The keys were sent back to the solicitors, which was told to by ME as they where looking after all dealings. No paper work was sent by either Mortgage Express or their solicitors to me, so haven't signed anything. I didn't hear anything from them within a few weeks, so i rang the solicitors office to see if the had recieved the keys, they had and were forwarding them to Mortgage Express, however the solicitor told me they where going back to court to gain prossession , as we had now abandoned the property?????
They have now sold the property and there is a shortfall of £45,000 - they sold the house for £65,000 under market value.
Mortgage express sent me a letter and another income and expenditure form to fill in and send back with a proposed offer of repayment.
At the bottom of the I&E form it says "quote"
On supplying this information, I/We believe this is an accurate record of my/our financial position, I/We acknowledge liability of the outstanding balance.

Q. Do i have fill this in?
Q. Will this make me liable for the outstanding balance?

Any help please......

Dean.
5   L A T E S T    R E P L I E S    (Newest First)
heno Posted - 17 March 2010 : 14:30:21
Thanks guys for your posts.
I thought they were trying it on again. cheeky sod's LOL
I'll write them a letter confirming the OR details.

Thanks everyone.
:-)
Paul 50 Posted - 17 March 2010 : 13:02:01
Similar thing happened to me, We surrendered our property just before going BR in March 2009. Sent the keys to Morgage company, then were sent numerous forms trying to get us to sign for liability of shortfall. I took profesional advised on this and was told NOT to sign. They are just trying it on.
Bridgewood Posted - 17 March 2010 : 08:54:17
same answer as the previous posters - simply do them a letter telling them the name and address of the OR office, and your court reference number, and tell them to forward any further correspondence to the OR - I would also send a copy of everything to the OR yourself
Jane.l Posted - 17 March 2010 : 08:29:42
DO NOT sign that form

This debt is included in your bankruptcy and they are just trying it on to see if you will re-aknowledge the debt

The plain cheek of these companies astounds me
chester2005 Posted - 17 March 2010 : 01:05:08
i would suggest that you do not fill in the form
advise them to contact the OR as it is now an unsecured debt and therefore included in your BR
it is standard practice for them to try and get you to sign to accept the liability DO NOT sign it


Dave

Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!!

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