Letter chasing defaulted sum - ignore or reply?

DVardysShadow

If the solicitor worked for you, you are entitled to have copies of almost everything in the file - although there may be a charge for the copies. The £10 is for a request for full info from the Lender.

I would say that you may inadvertently have signed for the secured loan to go unsecured or your signature has been forged.

EHL123

Would London Scottish have needed signatures to change it from secured to unsecured? If so, I know I definitely didn't sign anything like that. The only thing I signed was the document from the solicitor to transfer the title with the land registry, nothing relating to the loan at all. I wouldn't put it past him to forge my signature, he did worse, but I'm not sure he'd be that stupid when solicitors are involved.

I've been doing some reading online and it seems that in a 'negative equity' situation the mortgage lender can force through the sale even if the other lender doesn't agree, as they have 'first charge' on the property. The other lender then has two choices - either put a charge for the balance against the borrower's new property (which would have been my ex's new-build, as I had no property), or change the loan into an unsecured debt. What I can't find is any info about how this would be done - surely something would need to be signed, as the original loan agreement would become void when it became unsecured? I didn't even receive a letter from them, never mind anything to sign. Of course they might have sent something to the property address, but they knew I didn't live there so they should have sent me a copy. Unless of course he did forge my signature, in which case they'd think I'd seen everything and agreed. That's a whole different kettle of fish.

Either way, I made it very clear to the solicitors that the loans were to be repaid or the sale couldn't go ahead. I put this in writing to them, and I have a copy. So I can't understand why they'd think I suddenly agreed to leave a debt against it. And they must have been aware of the debt, because London Scottish must have confirmed that they'd released the charge on the property, otherwise the sale couldn't have gone through.

I feel like I've been left out of a very big loop on something :mad:

DVardysShadow

EHL123 wrote: »

.... Either way, I made it very clear to the solicitors that the loans were to be repaid or the sale couldn't go ahead. I put this in writing to them, and I have a copy. So I can't understand why they'd think I suddenly agreed to leave a debt against it. And they must have been aware of the debt, because London Scottish must have confirmed that they'd released the charge on the property, otherwise the sale couldn't have gone through.

I feel like I've been left out of a very big loop on something :mad:

Ah, now we are getting somewhere. I think you are in for quite a gruelling battle and you need good legal advice. Thankfully you have evidence.

Now, before you go and get that advice, I suggest that you have a think through the whole situation for a day or 2 and take a lot of the personal out of it. When I read your first post, it seemed to be a fairly classic case of ex dumping debt on partner who did not act to protect their interests - and you majored on the perspective of the ex and the violence and relationship breakdown.

You need to be able to tell the tale from the perspective of a sold house and the funds for a secured loan going missing. The violence aspect is only trivially relevant as being the cause of the relationship breakdown. [When I say that, of course I do not mean that the violence was trivial]. The professional help you need is related to getting to the bottom of a potential fraud - if you present a narrative which centres on domestic violence, you are going to struggle to get your problem understood.

I can understand where you are coming from when you say you won't pay a penny of this. But your best bet now to not pay a penny is to become very cool and calculating and leave that sort of rhetoric behind

moneypenny2k

DVardysShadow wrote: »

I can understand where you are coming from when you say you won't pay a penny of this. But your best bet now to not pay a penny is to become very cool and calculating and leave that sort of rhetoric behind

Agreed. The violence is behind you, let it go and deal with this situation as a stand alone thing... Keep hold of your sanity and don't let go until you've got to the bottom of it. Good luck and let us know what happens

Ames

If you qualify for legal advice you can call community legal advice on 0845 345 4 345. They'll be able to give you the legal basics relating to your situation and put you in touch with a local lawyer.