We got a breakdown from the solicitors representing the Halifax for a mortgage shortfall of £30k.

The Halifax didnt sell his flat for over 3 years from when it was repossessed from him but the breakdown still shows he was charged interest of 12k during that time as well as almost 3k in property maintenence and service charges.

Also we think someone may have been living there during that time.

Is there anything we can do to contest this or does anybody else have a similar charges in their shortfalls?

Thanks

-- lisa (lisajh29@hotmail.com), March 04, 2002

Answers

I'm afraid that whether or not you live in the property, the lender can still charge interest on the amount they claim you owe. This is still the case after the house has been sold, presumably for the whole 12 years during which they can chase you. If you can get any proof that the lender was letting the property, then of course any rent they received should be counted against the amount they claim. Good luck,

-- Melody (mbc109@york.ac.uk), March 05, 2002.

Lisa, are you satisifed that you actually DO owe ANY of the money they claim? If not send a Subject Access Rights Notice to them requesting copies of ALL data they hold relating to the case. This will cost £10 and NO MORE for ALL data. Also go into OPTIONS/ Repossession at the L/H side of this page and read there about what to do and how to do it. Further, write to the lender asking them why it took 3 years to sell and do some detective work in the archives of the appropriate local paper and at a 'friendly' estate agent as to what selling prices were being achieved for similar properties at the time in question. With regard to your suspicions about people living in the property: ask around the neighbourhood for evidence or have a look on the electoral roll for the period in question. The best thing you can do is follow the advice in the Repossession section of this site. Don't give in 'Kiddo'- fight back because 'THEY are trying it on !! Good luck, Joy.

-- Joy Harker (fightingback@harker.go-plus.net), March 05, 2002.

........and, always remember that their claim is only an alleged debt - it is up to them to substantiate it. If it went to court they would HAVE to be able to prove what they are claiming to be true. All they are trying to do Lisa is frighten the wits out of you in the hope that you'd be daft enough to settle without question. Also - with regard to the S.A.R.N. I would issue one to both the lender and to their solicitors. It would be interesting to see who's telling what story. If you don't get a complete set of documents from either of them write again asking for the information originally asked for, but don't send any further fees. In the event of further delaying tactics advise them that you are referring the matter to the Information Commissioner for an Assessment. Always contact them in writing NOT by 'phone, and keep copies of EVERYTHING you send and receive - even the envelopes their letters come in !! Cheers...

-- Joy Harker (fightingback@harker.go-plus.net), March 05, 2002.