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They lied, I fought, they took possession, they say..

For those of you who don't know what I have had to go through to try to get Northern Rock to take back my property i'll give you a brief outline then tell you the good news, then the bad :mad:

I called NR months back to set the ball rolling for voluntary repossession. The phone call was long because I asked question after question. I was told that I would need to sign the paperwork just to verify our signatures, now because I was aware of the deed of acknowledgement about shortfall liability I asked to speak to other people regarding the form. Yes that's what the form was and not to 'just verify our signatures' I told them there and then that I would not be signing the form so they would have to go through their channels.

About 3 weeks later we received a call from NR to ask about voluntary repo, we explained and told them we wouldn't be signing so they said they would let us do it via a letter with our signatures on, backed up with driving licence copies. We did this although worried about giving our signatures.

I then called them last week as 2 weeks had past and I hadn't heard of any word from my vol rep letter. I was told they had received the deed of acknowledgement I argued and said I hadn't send the deed I had sent my own letter as agreed with a colleague. He said she had been wrong to say that and there was no way NR vol rep without the deed signed.

He then asked me why I didn't want to sign the deed and it was bcause of liability shortfall, he then told me it was absolutely fine to scribble out the paragraph that mentioned the shortfall liability. I was dumfounded, i'm not stupid and that didn't sit right. I decided to see if I could get legal aid which I could. I took legal advise and found that yes that was uncalled for and never to sign any deed of acknowledgement with scribbles on it or not.

I left it at that. Thought we would have to take the risk and let them repo when they were ready, worrying about paying the council tax on the other property in a few months.

Today I have received a letter from Northern Rock stating they had taken possession of the property on Tuesday but the killer line was 'you may remain liable for any shortfall amount. Our recoveries Department will be in touch in due course.'

I think the 'may' is what I have to conceentrate on. I'm going to print all of my posts on here, my emails to solicitors, emails to OR saying I wouldn't sign the deed and build up a case incase they decide to be naughty and fiddle my paperwork. I have not signed the deed and any shortfall will fall into bankruptcy.

Just a little note..

Northern Rock employess lie
Northern Rock will take possession without the deed of acknowledgement

Be very careful when dealing with them
«13

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    'may' means nothing.

    The planet Earth 'may' tomorrow turn into a small pink doughnut. ;)

    Betcha it doesn't though. :p :rotfl:

    Just standard letter wording. I know it's hard, but don't stress.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Angiepange
    Angiepange Posts: 3,521 Forumite
    Part of the Furniture Combo Breaker
    Hi Miche

    Thanks for your post and what a nightmare NR sound like.

    Im shocked you can be tricked into signing that form and thank goodness you are switched on enough to question what they tried to get you to sign. Otherwise going through BR to come out the other end owing 'shortfall' would be awful to say the least.

    I cant give any advice but may be facing the same situation with our house further down the line (my lender is Abbey) so I will watch with interest your thread on how you progress.

    Good luck with it all and get all the info and help out there you can.

    All the best

    Angie x
  • MicheH
    MicheH Posts: 2,631 Forumite
    Thanks fermi and Angie. The only reason I was switched on was because of this forum. Honestly, without this place I would have done what I was told and signed.. Very sad, very gullable but it's true. I've grown since being on here.
  • Bethankim
    Bethankim Posts: 1,030 Forumite
    Hi Mich,

    you will be fine hunni - they wont do anything and know they can cause they would laughed out of court. - you have done it right so breath my lovely...anyway im now waiting for the guru that is fermi to tell me exactly when the world will become a pink donut so i can eat it :D

    ps - Fermi can we hav eit with chocolate sprinkles and icing too :p

    hugs
    x
    BR 2nd April 2009
    Feel the fear and do it anyway!




  • mazzatee
    mazzatee Posts: 130 Forumite
    Hi MicheH

    Have you gone bankrupt yet? If not then you have nothing to fear as any shortfall will be included in your bankruptcy once you get your bankruptcy order.

    If you have already gone bankrupt then you need to speak to OR and get their opinion on whether you have acknowledged any debt and whether it would be included in your bankruptcy or not.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The shortfall is covered by the BR regardless. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Bethankim wrote: »
    ps - Fermi can we hav eit with chocolate sprinkles and icing too :p

    hugs
    x

    Like this? :)

    choc-icedw-sprinkles4.jpg
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    Hmmmmmmmmmmmm sprinkles.........that cheered up my crappy day!
    We all die. The goal isn't to live forever, the goal is to create something that will
  • MicheH
    MicheH Posts: 2,631 Forumite
    I have gone bankrupt mazzatee. This has been ongoing and in actual fact I asked the OR for advise and she wouldn't commit and told me to get impartial financial and legal advice.

    I have not acknowledged any debt, I've made sure of this. I just don't trust that company and fear they will try anything to get me to cough up for the shortfall. I am not liable and I know my rights. I realise the wording in that letter said 'may' be liable just like the small print on a lloyds 'product' that said even in death I personally may be liable.

    It's just like fermi said but it shocks you to read that the recoveries department will contact us. i don't think this battle is over yet. I think they will try to get this shortfall money down the line but i'll be ready to throw their standard letters back to them :)
  • alastairq
    alastairq Posts: 5,030 Forumite
    Hi MicheH...it's all a big bunch of PETULANCE on NR's part.

    they're annoyed that in reality, you have had the last word...you have had the co-jones to take that big step that pee's on their bonfire.

    [co-jones is a welsh phrase, I think............]
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
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