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Response to Halifax - do I have a case for underselling?

from M Amos (idgroms@hotmail.com)
Ron,

6750£!!! Firstly, we're lacking a certain amount of info to be able to advise. When did you first default on the mortgage? When was the property repossessed? What date was the property sold? When did the lender first contact you? When did they advise you of the sale price?

What I suggest you do is have a look at the CML web page (I think Halifax are members but you need to check) entitled "Handling of Arrears and Possessions" & "(18) Sale of Properties in Possession" (here you will find the answer to your questions 2 & 5) on:

http://www.cml.org.uk/servlet/dycon/zt- cml/cml/live/en/cml/pub_info_arrears

The above web page will also tell you what the lender should have done to sell the property, if they haven't, I would contact the CML Mortgage Compliance Board.

As regards counterclaiming for underselling, don't forget that there is a 6 year time limit in which to do so, which I believe runs from the date of sale (this needs to be double checked). There may be a legal argument to extend this, contact me about that if necessary. I also agree with Moira that you need to find out what other similar properties were selling for in that area at that time. I think you also need to think about looking for evidence to support a 'failure to market the property properly'(Skipton BS v Stott (CA 10.12.1999)). It is obviously important therefore to get the lender to produce documentary evidence on marketing, valuations and professional advice received from estate agents. To prove underselling you need solid evidence.

As regards the missing SARN info, have you reported them to the Information Commissioner? I hope to post more info about SARN info and the problems getting it shortly. In fact people who have complained to the IC and been successful and vice-versa I'd like to hear from.

Best wishes,

Mark.

P.S. I would definitely contact your MP, have you seen Mike Hancock's EDM 62 on the Repo site, I would suggest you read it and quote this to your MP.

(posted 7629 days ago)

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