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Response to Abbey National - Shortfall Harassment

from pendle (pendle@amun-ra.demon.co.uk)
Sorry to hear about your problems, you're not alone here. I hope that you've had a chance to read through the website for more information.

First of all, get in touch with the person who acted as trustee in bankruptcy. From what I understand, your house should have either been repossessed at the time of bankruptcy, or the Abbey should have submitted their claim as part of the debts. Once all the debts are notified to the trustee, then regardless of whether or not they are paid up, at the end of (usually) 3 years, they are null and void and cannot be chased for. Tell the trustee what has happened and see if they can shed any light upon the problem. From what I understand of bankruptcy, creditors cannot chase any further for the debt in question after discharge. But the trustee should be your first port of call.

The fact that they sold your home for more than the mortgage, is a first - most of the homes are undersold. Write to DLA or whoever is now dealing and state that you are not admitting liability for any shortfall and ask for copies of the completion statements for the property.

Even though the house was sold for more than the mortgage, there could still be case of underselling if the property was worth say 150k and only sold for 90k.

Basically DLA are playing with you. They're trying to see how much they can get away with demanding from you - trying to force you to offer just that little bit more until they get what they want.

Under no circumstances complete an income and expense form, or make any further offers of payment. Write them a letter and ask them for a copy of the completion statement. Thats all you need to say at this stage. Remember, they cannot force you to do anything, just because they say you must fill out their I&E forms, or reply within 7 days, is just to suit them, there is no law that says you must.

Leave it at that for the moment, once you have the completion statement, come back to the board if you wish for more help or you can email me directly.

But do read the website as thoroughly as you can.

Pendle

(posted 8535 days ago)

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