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Hope somebody can help me please

2

Comments

  • Upsidedown_Bear
    Upsidedown_Bear Posts: 18,264 Forumite
    10,000 Posts Combo Breaker
    JeffCole wrote: »
    Thanks for all your lovely comments.

    I saw my solicitor yesterday and even though my ex and I had a meeting with Abbey in 2002 to get me removed from the mortgage we dont know if this has been done. My solicitor has written to the bank and also the Company that are chasing me for the £30k. The bank to find out if I am on the mortgage and the debt collection company for a full breakdown on hoe I can owe £30k on a 26k mortgage after £22k was released from the sale. SimeyB the flat was repossessed, which I only found out when the letter arrived. Santander have never contacted me at all with regards to the mortgage being in arrears as I would have taken it over. I have been looking at so many websites, my eyes and head hurt :-)

    Should Santander tried to contact me?? If so I may have a case with the Financial ombudsman, fingers crossed JC x
    You say in your other thread that you are on the mortgage.
    JeffCole wrote: »
    I spoke to Santander this morning and I am definitely on the mortgage. He hasnt re-mortgaged, the £35k is interest and charges. I am just waiting for a full break down. Does anyone have any advice as to how I can get this amount down as I cannot afford to pay this, it would mean bankruptcy for me unless they would accept £100.00 a month.

    Cannot believe I am so stupid :-( JC x
  • JeffCole
    JeffCole Posts: 15 Forumite
    edited 29 June 2013 at 7:58PM
    I requested a statement from Abbey in 2002. The statement arrived in my exs name to my address. I lived there in total until December 2012 and have always been on the electoral role.

    My new partner (of 10 years) and I bought a house last year and completed in December 2012 JC x
  • JeffCole
    JeffCole Posts: 15 Forumite
    I genuinely thought/still think that I had been removed from the original mortgage. They had sent the statement to the address I lived in but I didnt actively keep them up to date with my address as I only moved in December 2012 JC x
  • Upsidedown_Bear
    Upsidedown_Bear Posts: 18,264 Forumite
    10,000 Posts Combo Breaker
    JeffCole wrote: »
    I requested a statement from Abbey in 2002. The statement arrived in my exs name to my address. I lived there in total until December 2012 and have always been on the electoral roll.

    My new partner (of 10 years) and I bought a house last year and completed in December 2012 JC x
    Presumably Abbey had your then current address? The letter wasn't forwarded from the address the mortgage related to?

    Have you had any statements etc since from the mortgage company since 2002?
  • Upsidedown_Bear
    Upsidedown_Bear Posts: 18,264 Forumite
    10,000 Posts Combo Breaker
    Have you had a look at the Shelter website?

    This is from their website about repossession. It's for England.

    http://england.shelter.org.uk/get_advice/repossession

    This is for Scotland.

    http://scotland.shelter.org.uk/get_advice/advice_topics/repossession
  • JeffCole
    JeffCole Posts: 15 Forumite
    Presumably Abbey had your then current address? The letter wasn't forwarded from the address the mortgage related to?

    Have you had any statements etc since from the mortgage company since 2002?

    No, the letter came directly to my house from Abbey but it was addressed to my ex x
  • JeffCole
    JeffCole Posts: 15 Forumite
    No correspondence whatsoever from Abbey or Santander since 2002. It would help if I read the whole thing first.

    Will have a look on the Shelter site, I am in the UK x
  • JeffCole
    JeffCole Posts: 15 Forumite
    Just jumped out on me, the pre-action protocal. If they followed every avenue to get the mortgaged paid I would presume that it meant contacting co owner and telling them that they were in arrears ??

    The mortgage was nothing and we could have paid it easily, so annoyed x
  • Upsidedown_Bear
    Upsidedown_Bear Posts: 18,264 Forumite
    10,000 Posts Combo Breaker
    JeffCole wrote: »
    Just jumped out on me, the pre-action protocal. If they followed every avenue to get the mortgaged paid I would presume that it meant contacting co owner and telling them that they were in arrears ??

    The mortgage was nothing and we could have paid it easily, so annoyed x
    The lender will have had to prove to the court that they followed the pre-action protocal or the judge would not have granted the possession order.

    (I've been reading the Shelter England site. If you are in Scotland you need to read that instead).
  • JeffCole
    JeffCole Posts: 15 Forumite
    Wouldnt the pre action thingy also include contacting the other person on the mortgage at the last address they had for them?? We have re-directed the post as well so they cant say its gotten lost x
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