Handing Back Keys - Letter From the OR?

4ordonian

Hi all,

I've had a few calls and texts from Bradford & Bingley regarding the first mortgage payment after my BR. I called them before it was due to talk to them and give them my reference and discuss the mater, they told me they'd get back to me in five working days to discuss it and then true to B&B form, failed to do so. The next week just after it was due they started hounding me and the first woman I spoke to got straight off the phone without taking my reference when I said the other mobile number they had against the account was not another number for me but for my ex and so they contacted her.

The next person I spoke to I again explained my situation and that I'd spoken to them the day before but they wouldn't take my reference and got off the phone quickly, she told me there was no record of that call and then started pressing me on reasons for the bankruptcy, the situation between and the circumstances around my break up with my ex and I must admit that I started to lose it as I don't see what right they have to ask that, certainly not to sound smug and judgemental about it. I did point out that I never saw the results of the full survey we asked for and queried if it had even been done and she asked if I thought I'd been mis-sold the mortgage. I don't really have evidence for that, I just gave the point that selling 110% mortgages in the May before the market collapsed when so many were talking of things going that way wasn't exactly sound business practice and that all I want to do is hand my keys back and that I wouldn't be signing anything to make me liable for the debt once I'm discharged and so not to even bother trying. I also stated I had a forward put on my mail and wouldn't, while that is in effect, be giving them a contact address for me but would update them later if necessary.

While all the above is irritating I don't think it counts for much but the main issue I had with what they said, despite eventually telling me the address to send the keys to, is that they told me I couldn't "just walk away from it" and that I would need written consent from the OR to send the keys back. I've had a look on the fourms here but can't see any reference to that but I don't want to stall while trying to find out so.... my question is this; do i need written consent form the OR to return my keys? I've previously spoken to the OR as a week after my bankruptcy there was a chance to sell the house and with the neg eq (circa 22k) the OR said it would make both our lives easier to just get rid of it. I tried calling them today to talk about this written consent but could only get to the point of leaving a vm and haven't heard back.

Thats my ramble out of the system, does anyone know the answer? I haven't seen it mentioned elsewhere and just want to get the letter put together and sent ASAP.

Thanks in advance for any guidance!

4ordonian

Tried the OR again today, left a vm again.

Anyone?

kepar

I have never heard or read about a letter from the OR. We moved out and sent the keys back to NatWest.

fermi

Nope. Permission not needed as far as I've ever seen.

You should of course tell the OR once you've done it. And would wise/curious to tell them that you plan to. But no more than that.

4ordonian

Thanks everyone! I thought that might be the case as after I gave the same answer that I will be sending them, they seemed to relent and just gave the address over.

Today shall be getting a letter done, packing those keys up and sending them.

I have previously said to the OR that I intended to and they had no problem with it given my circumstance and the neg eq.

Thanks for the advice, a good start to the day!

4ordonian

Hi all!

So.... I sent the letter to Mortgage Express/B&B's PO Box, Special Delivery so I knew it had got there, with the keys in the same envelope. I then got a letter back with the exact terms on that I stated I wouldn't be signing up to (making me liable for the shortfall etc). I've had the ex on saying B&B were going to go to court unless the forms were signed in 7 days (which would've run to Friday 21st) but the letter says 14 and I won't sign it anyway for the reasons above.

The OR said on Friday they'd speak to B&B if needed to and after a huge phone call where I spent more time repeating myself and B&B kept harping on about wanting a letter form the OR to agree it, I called the OR back. The OR have said they won't talk to B&B but told me to go to CAB though they did state that their take is that as I've sent the keys, B&B have those and can't give them back to me, so they have possession of the house.

Am I at the point now where I just hang paying completely and wait for them to repossess it? My ex has paid the last two payments I've not contributed to but as far as I can see, her infidelity and taking my money to fund it started the descent to this point anyway so the effect this has on her is of no concern to me.

Think that's it for now, head is spinning a little though!

EDIT: The form they sent has a deletable series of I/We statements but they say they want both signatures, hence the ex pushing for it but I've no benefit from doing so as I see it, I think I'm right in that.

4ordonian

Anyone?

No change in situation, bit lost as to what I should do/not do.

silvercar

When in doubt, do nothing.

You have I assume moved out, the keys are with the lender. Let them repossess or not as they see fit.

Don't sign anything.

4ordonian

Thankyou!

Yup, moved out in the middle of Feb and let them know all that in my letter which went with the keys.

mug098

Yes i agree with SILVERCAR and forget it now.

I stopped paying my mortgage the same time i went bankrupt, didnt notify morgage company or anything as i was now bankrupt and didnt see it as my head ache any more.
Continued to live in the house for nearly 5 months after and just forwarded all letters to the O,R..
I then moved out posted the keys back to the morgage company and moved on with my life.
It took another 6 months for them to file for reposetion as i think regardless of you sending the keys back or not they still have to go through the courts to gain possetion of it.

Just move on and forget about it now as it is there problem not yours, however, they may then decide to persure your ex for the shortfall left on the mortgage once they have sold it but thats her problem not yours.

Sounds very mean and careless but some times its the only way forward, think of your self and move on and forget it all, but remember DONT sign anything.

Rebrick

4ordonian wrote: »

Thankyou!

Yup, moved out in the middle of Feb and let them know all that in my letter which went with the keys.

When I initially spoke to CCCS pre bankruptcy they advised me that my lender might send a form out after the return of keys and that under no circumstances should I sign this form without consent of the OR.

The day i went to court I wrote a simple letter to my mortgage company enclosing the keys telling them I had decided to proceed with voluntary repossession. My mortgage was with Leeds Building Society, I didn't however receive any further paperwork from them.

Assuming you listed the mortgage on your bankruptcy and notified the OR of the possibility that a NE situation may occur, then I cannot see that there is anything more you need to do. I don't know your history nor indeed am I a financial expert but unless it is a joint BR I imagine that the mortgage debt will fall to your ex which would explain the insistence regarding signing the form???

Have you spoke to one of the debt agencies about signing this form? They know what they are saying, get advice and act accordingly.