Incompetance or just lying to me

MicheH

Right, my voluntary reposession saga continues.

Quick ride throught the history..

Called about going for vol. repo. was told to sign a form to just verify our signatures, pushed a little bit more about what the form entails, yip, liability of shortfall, very mad at being told just for signature purposes. Refused let it ride out. Was called some weeks later asking us to sign the form, point blank refused and wa told we could do it via our own letter with signatures verified by driving licence. Posted this letter and called today as hadn't heard anything about it.

Talking to the advisor he said his collegue was incorrect telling us we could go for vol. rep. with our own letter we had to sign that form as it was a legal document used to start proceedings. He asked me why I didn't want to sign the form and told him about concern over liability of shortfall. He said we could scribble out the paragraph about liability of shortfall if we did not agree with it.

Advice would be great here about a legal document with scribbles through a paragraph,I mean would that cover us for not being liable for the shortfall. Is he telling me anything just to get me to sign this blummin form. I would love to just let them get on with their own proceedings but I know we will have to pay the council tax on the property in 5 months time and we havn't the spare money for it.

Stuck, rock, hardplace!

marmalady

Im about to start the process could I ask which bank your mortgage is with? Mines with the halifax who do seem renowned for making things difficult but will see what happens! Sorry im no help but hopefully your thread will provide advice useful to my situation. Hope it gets resolved soon.

ToriD29

I have had the same form from NR and will not accept voluntary surrender fo house without it, even though house already empty so will probably take me to court for repossession. In my OR interview yesterday was told not to sign any forms like that at all. I am not sure about accepting a form with scribbles through it, but it doesn't sound quite right to me.

philnicandamy

Repo's were never one of my stong points....BUT doing what they suggested to me smacks of desperation for you to sign

as you say how many legal documents have you seen scribbled on in pencil? whats to stop them altering things when you send back??

MicheH

I've qualified for legal aid, getting legal advice as we speak - well i'm on hold but it's progress..

Told you I was no longer a pushover!

MicheH

Ok, just off the phone, had to stop things for today because i'm off to my daughters harvest festival.

What she did say though was that this form with scribbles on it was not correct and basically not to touch it.

Tomorrow we're going to talk again to discuss whether it really is neccessary to have to sign a deed of acknowledgement to get voluntary repossession under way.

It's Northern Rock by the way. Be very very careful.

MicheH

Well what's the point!

According to this http://www.housingrepossessions.co.uk/liability-for-mortgage-shortfalls.html Anyone is liable for the shortfall at anytime within 12 years, no mention of signing deed of acknowledgement. Now i'm panicking that i'll have to go bankrupt again in 12 years time. I hate this, I can see just how some people think that's it and do something stupid.

It's easier if you let people walk all over you because when you begin to research and fight you find out so much crap that need not fill your headspace.

Had enough of this right now

tigerfeet2006

Don't worry as you are BR the shortfall will go into your BR when ever it is sold and a shortfall created.

The 12 year thing is for people who are not BR and they are chasing payment, they have up to 12 years to do this but in reality most lenders have agreed 6 years.

BTW those are not the sort of sites you should be looking at. If you notice there is no mention of BR save for the paid for ad things.

nev32

Hi micheh, i am just about to go through the same thing too. holding off sending keys back to lender, not n.r. but i have rang them to say i will not sign the form they have sent me, i said i will send them a letter & sign that with keys as recodred delivery, i hope that thats it after but i will not hold my breath. at the end of the day once they have my keys they hace possesion as i will have no access to the house. it cant be that simp0le though. can it. ???