Bankrupt but Halifax Keep Threatening Me

alfarom

I was declared bankrupt last November which included my mortgage. Since then Halifax, my mortgage provider has pestered me for the arrears which are going up by around two grand a month. They have also sent some creepy little bloke around at 9.00pm to "discuss" how I am going to settle the arrears. I didn't let him in and told him not to bother me again. Halifax insist that the bankruptcy has no effect on what is owed to them and they will continue to chase me for it.

I am fully aware I am going to lose my house soon enough but can Halifax keep chasing me this way. I thought I am forbidden from dealing with creditors directly while the bankruptcy is in place? Halifax's legal department have said this is incorrect and I must either pay the arrears or face legal action in the next 2 weeks.

What should I do in the face of their threats?

dc

DaveBrum_2

What they are doing is wrong.... Advise them to contact the OR who is dealing with your bankruptcy. They are just trying to claw back as much money as they can.

alfarom

Is it "wrong" as in not very nice or as in illegal?

dc

DelhiBelly_2

I was declared bankrupt last November which included my mortgage. Since then Halifax, my mortgage provider has pestered me for the arrears which are going up by around two grand a month. They have also sent some creepy little bloke around at 9.00pm to "discuss" how I am going to settle the arrears. I didn't let him in and told him not to bother me again. Halifax insist that the bankruptcy has no effect on what is owed to them and they will continue to chase me for it.

I am fully aware I am going to lose my house soon enough but can Halifax keep chasing me this way. I thought I am forbidden from dealing with creditors directly while the bankruptcy is in place? Halifax's legal department have said this is incorrect and I must either pay the arrears or face legal action in the next 2 weeks.

What should I do in the face of their threats?

Are you still living in the property? If you are, then this debt is still secured and not yet forming part of the bankruptcy so OR will not deal with it. As soon as the property is repossessed, any potential shortfall is included in the bankruptcy and you can then refer the Halifax to your OR

alfarom

Yes, I am still in the property. I assume Halifax will start procedures to reclaim it shortly. However, they seem determined to chase me for the money rather than do that at the moment.
It seems I might as well ignore their ever more desperate attempts to claim the amounts owed while I look around for a place to rent..

dc

peachyprice

What they are doing is wrong.... Advise them to contact the OR who is dealing with your bankruptcy. They are just trying to claw back as much money as they can.

Sorry to say, it's not that simple Dave.



I'm afraid Halifax are correct, and well within their rights to pursue you for payment. They are not acting illegally in the least.

Mortgages and secured loans are not included in BR until the property is formally repossessed, until that time you are liable for payment.

The OR will not assist you at all with secured lenders until repossession has taken place and they become unsecured debts.

Probably not what you want to hear, but I'm afraid that you'll just have to ride it out. The day your house is repossessed you can tell them to get stuffed.

skylight

You are doing the right thing - ignore them. Let them do the legal thing because until the property is repossesed and there is a debt to be included in BR, it currently is not in your BR.

As you have told them that you are BR, then its a total waste of their money in chasing you and sending people round - they will never see a penny anyway.

MercMan

On a similar theme my joint mortgage with my ex is up to date. Will the lender act on when I become BR? My ex holds the majority share in property and also has control over the sale of the property due to a Tomlin Order obtained last April that ordered an immediate sale. Its been on the market since then but no buyers yet. She live in the property with me but we have separate rooms (except kitchen and bathroom) and lives.

alfarom

Thanks for the help. I feel more confident in dealing with their letters now...

dc

peachyprice

MercMan wrote: »

On a similar theme my joint mortgage with my ex is up to date. Will the lender act on when I become BR? My ex holds the majority share in property and also has control over the sale of the property due to a Tomlin Order obtained last April that ordered an immediate sale. Its been on the market since then but no buyers yet. She live in the property with me but we have separate rooms (except kitchen and bathroom) and lives.

If payments are up to date I doubt you'll hear a peep out of your mortgage lender, it's only when you stop paying that they jump up and down.