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| ceanothus |
Posted - 16 August 2010 : 16:11:00
Hi! I wonder if there is anyone out there who would be prepared to help me with a problem I have concerning a somewhat over zealous mortgage company?? It's driving me nuts!
If I explain briefly: I chose to go into bankruptcy in March this year for two main reasons - one the economic situation impacted directly and immediately on my business (I'm self employed) reducing my income down to almost nothing and as house prices fell I was not in a position to sell a house I had which was being rented out - the sale price would not have covered the mortgage by a long way.
So at the end of May, the mortgage company repossessed the house - no problem, I expected that and didn't contest it - even though they had been utterly useless when I tried to negotiate with them and they had made only one, pretty unhelpful offer throughout.
Anyway on Friday I received a letter from the solicitor they have appointed saying I had not adhered to the terms of the possession order (what terms - I have been sending all correspondence to the Official Receiver??) and so they had issued a warrant of possession and a bailiff would evict me from the house. I don't live there. I thought all dealings after bankruptcy went through the Official Receiver. I emailed the solicitor this morning to say just that (as yet I haven't received a reply).
Then - you could have knocked me down with a feather - later this morning two people from a completely different organisation (appointed by the solicitor) arrived on my doorstep - where I live - to give me a letter saying should contact the solicitors urgently!! What on earth is going on here? Are the solicitors within their rights to instruct people to come into my house to give me a letter to contact the solicitor acting for the mortgage company?
I am completely bewildered. I have really tried to comply quickly and honestly at every step in this whole ghastly affair and it seems to me that I am being taken for a mug here. Am I right - should all correspondence which concerns any debt I had at the point of bankruptcy go through the OR? Is the behaviour I am experiencing common? Is it right? If it is not, to whom do I go to lodge a complaint? Am to expect this sort of hounding? Where does this end? What are my commitments to the mortgage company now I am bankrupt, and they have possession of the house??
I would appreciate any help anyone can offer me please - I really am at my wits end. Bankruptcy has been (and continues to be) a horrible experience!!! |
| 6 L A T E S T R E P L I E S (Newest First) |
| ceanothus |
Posted - 17 August 2010 : 21:41:32
Thank you for your reply - again, more calmness from you injected into my chaotic state!
Today I received an email from the solicitors (clearly, 'urgent' doesn't have quite the same meaning to them as it does to me!) and he said that it is common practise for this mortgage company to "request a field agent visit to ascertain the circumstances of each
borrower"!! In other words, the letter had nothing to do with the visit; they were there to see how I am living!!!!!
Surely this sort of behaviour cannot be right??? Isn't that a tad below the belt?
Has anyone else experienced anything like this before?? Surely as a bankrupt I am entitled to some privacy - isn't the declaration that I make sufficient?
I'm a little distracted by the implications of all of this and I really want to know the best way of proceeding - without making matters any worse than they already are.
Unhappily bankrupt and feeling rather like I've suffered a further (and unnecessary) invasion of my privacy.
Views anyone?
Am I overreacting here? |
| debtinfo |
Posted - 17 August 2010 : 20:14:30
As long as you dont sign anything the shortfall and costs will always be included in the bankruptcy no matter how long it takes for the matter to be finanly resolved |
| ceanothus |
Posted - 17 August 2010 : 08:35:22
Thanks again for your calm reply!
Can you tell me - what happens if the sale of the property has not been concluded by the time I am discharged from bankruptcy? Will the mortgage company - bearing in mind their aggressive stance - carry the costs over to me? Will I have to remain bankrupt until the process has been completed by them?
Thanks for your help. |
| debtinfo |
Posted - 16 August 2010 : 21:56:00
You are right, that is what they are doing, Im afraid they will do it because some people will sign just to get them to go away, all you can do is choose your responce "I have vacated the property as required" and keep repeating to them, If you want you could point out to the mortgage company that the solicitors are basically eating up what they are going to get back in their fees for unnesessary work but they proably wouldnt take any notice, it will go through eventually
The worst they can do is take you to court and force you to give up the house, which is what you want anyway so as i said nothing to worry about |
| ceanothus |
Posted - 16 August 2010 : 21:19:09
Thank you debtinfo - your reply feels very calm in this storm of bewilderment I find myself!
Can you advise me - is there something I can say, an act or an organisation I can refer to which might make them think twice before sending me more hand delivered "urgent" messages or aggressive threatening letters?
Interestingly, despite sending them (the solicitors) two emails today I have heard absolutely nothing back from them. "Urgent" I think is synonymous with "we want to frighten you, but we don't take it too seriously ourselves". There should be a law......!
Thanks for your reply though, I do feel less intimidated now. |
| debtinfo |
Posted - 16 August 2010 : 19:20:38
Dont worry, that is a bit over zealous but just keep doing the same, replying that you have vacated the house and they are free to do whatever they need to and send the bill to the OR when they are finished. Most of the time they are angling to get you to sign a letter to say that you will be responsible for the shortfall and that is why they make it difficult |
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