Chelsea, they arent messing around

copier_guy

Hi Everyone,

Well a week after i sent the voluntary surrender letter to the Chelsea they have replied with a voluntary surrender form.

The declaration reads,

I/We are voluntary handing in the keys to the above property today at...... giving the Chelsea full vacant possession of the property.

I/We have been advised that the Chelsea and/or its insurers are likely to pursue me/us if the is any outstanding amount after the property is sold.

I/we have been advised that a record of the voluntary surrender of the keys will be made in the National Mortgage Possessions Register. Information regarding my\our mortgage account will be disclosed to a credit reference agency, which will make that info available to others requesting credit references about me\us. This may adversely affect any lending or credit decisions made about me/us.

I/we have been advised that by surrendering the keys I/We may not be considered unintentionally homeless and therefore not eligible for rehousing by the local Authority.

I/We also confirm that no claim will be made. or no interest will be taken in any items of personal property or possessions that may remain at the property after the date that this letter is signed.

Is this the infamous devil deed that locks me into paying back any shortfall and also is above any bankruptcy action?

Any idea how long im on this register for?

Thanks

debt_doctor

Hi,

No its not an 'acknowledgement of debt' that makes you responsible for the debt after BR, and you would be on 'the register' for 6 years.

I have to say I would NEVER recommend that people voluntarily surrender their home. What is to be gained? From the letter above they still intend to persue you for any shortfall, and even try to stich you up for obtaining council accomodation !!

It makes life cheap and easy for them and gives you less than nothing in return.

DD

copier_guy

Cheers DD,

I sent a letter to them last week saying we would'nt be making anymore mortgage payments, we had missed 2 anyway, and they should begin repossession proceedings asap.

They don't know that we moved out at the end of January we just have a post redirection running.

Next plan is to send them a letter saying i'm not signing the form, start your legal proceedings?

debt_doctor

Yes why not, or simply do nothing is my favourite. Your re housed, your going BR, and its not your problem. They would probably send you a letter back outlining your responsibilites and all they action they can take.

Who needs it ?

Good luck in your new home.

DD

Lensman_2

Re: Your letter of XXth Feb 2009 regarding Mortgage Acc XXXXXX-XXXXXX

I/We wrote to you on XXth Feb 2009.

I/We explained in that letter that we are unable to make further payments on the mortgage. We also requested that you repossess the property, which is vacant and will remain so. I/We made this abundantly clear.

You have a duty to take care of our interest in this matter as well as your own. Part of your obligation to us is to resolve this matter in a way that prevents undue delay; and therefore further build up of interest and charges.

I/We therefore take the view that any attempt to delay proceedings by sending us redundant forms to sign is in direct contravention of your duty to us.

You have all the information you require to commence repossession proceedings. I/We require that you cease to apply further charges and interest until you have served us notice that those proceedings have commenced.

Or words to that effect.