hi guys, we were discharged from br on 17th march this year and everything went smoothly.... untill yesterday, we recieved a letter from the halifax (mortgage) stating that are house was now sold, that there was a 27k shortfall and that it was our responsibility to pay. we did include an amount in the br for a shortfall so assumed we would be ok.....should we be worried or are these the usual tricks banks play?
This should be the normal banks being banks,I take it that you have not signed anything post bankruptcy with the mortgage provider.
in your petition for bankruptcy was your house listed as a secured debt if so now that the house has been sold the shortfall will be included in your bank ruptcy
your details should still be listed on the insolvency web site until 17th June so contact the OR (trustee) listed they should be able to confirm that it has been included.
print of a copy of insolvency web site it may help with other issues later
banks do try it on as richard has said the shortfall has now become unsecured debt and should be included as long as you have not at any time when handing the keys back signed to say you would accept the liability of any potential shortfall this is normally in the small print of the forms banks say you must sign to hand property back. Never 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!!
thanks guys, yes it was entered into the secured section and no i didnt sign anything post br (although they did try) i tryed to hand my keys over to them on several occasions but they wouldnt accept them unless i signed the "surrender of keys" form......so i kept the keys. ;p
excellent.... in that case speak to the OR who dealt with your case and point the halifax in their direction.
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!!
once you have put Halifax and the OR in touch with each other you should not have any contact from the Halifax.
should they keep contacting you ask them if they are recording the conversation and have a record of the other times they have contacted you ? if they say yes ask them their interprettation of the harrassment act ! you have provided them with your bankruptcy reference number and details of the OR which is all you legally have to do and as such your interprettation is that they are jointly and individually in breach of the legislation.
although probably not as easy as that, it does make the other end of the phone go very quiet.
bloody bank!!
Posted - 14 June 2010 : 19:22:20
