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Mortgage Shortfall & Bankruptcy

Hi - First post and need some advice!!!

Myself & Partner were declared bankrupt oct 2008, at the time we had a Northern Rock mortgage and this was declared during to the bankruptcy and discussed with the examiner from OR.

We were advised not to sign anything the bank sent us regarding our property and reposession.

Today (4yrs on!!) i received a letter from Northern Rock Asset Mananagement demanding payment for the shortfall on the mortgage totally £61k!!!

I was under the impression that any shortfall arising from the mortgage would be included within the bankruptcy and we would not be liable for?

The mortgage was taken out approx 3yrs prior to being made bankrupt.

any advice would be gratefully appreciated

brendan

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    As long as you did not sign anything agreeing to liability, it should be covered by the BR.

    Northern Rock do always try it on though.
    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
  • thanks for that -we were specifically advised not to sign so made sure we were extremely careful (I dont think we even responded to their letter that included the deed of acknowledgment)

    Quick question - where do i go from here? How do i get them off my back as they are threatening legal action!!!!

    thanks again:beer:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Well, get in touch with your former OR to start with.

    Even after all this time, they may well write to NR if informed of this.

    Plus obviously supply NR with proof of the BR and don't accept any BS from them. They will undoubtedly still try it on for a while. That is what they do. However, the only real threat would be court action and the BR gives you a defence against that. Even NR are unlikely to be stupid enough to try that once they realise you know the score and can't be duped.
    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
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