Help needed, mortgage shortfall and mackenzie hall!

Babyroo1977

Hello all, I'm not sure if I'm posting this in the right place.
I really need some help and advice because I'm worried sick.
I'll try not to make it long.
In 2006 I got a mortgage with northon rock, I was 4 months pregnant and although I knew it didn't feel right at the time I went ahead and bought the property with my now ex.
We split 12 months later. Ex didn't want to sell the house so we tried to remove my name from the mortgage, however because I had the mortgage in my step dads name (he never legally adopted me) when I came to produce my ID (in my birth name, ie birth certificate/passport)to have it removed they wouldn't accept it and said I should of never been given the mortgage without correct ID and from that point refused to take my name from mortgage or speak to me... Anyway that was that, the next thing I hear is that in 2009 my ex let the house get reposseed, I got court papers which I just signed and the last I heard was a letter from northon rock in January 2010 saying they had sold the house an should seek to recover the shortfall.... Which was a massive £69.000

Anyway this week I've started to get letteres from mackenzie hall demanding payment, I no longer see my ex or know where he lives, letters are coming for him, which I've returned, and for me, demanding the £69,000.
I'm concerned they will send bailiffs round to my home, I've got nothing to any value.

I'm at my wits end, I live in rented property with my new partner, he works I'm a carer for my mum. I have a car that I had to ask my sister to finance for me and once all our bills are paid there's nothing left.
I'm already on a low payment plan with various catalogues with step change.
I'm going to ring them back and advise them I've had these letters and see what they suggest.
My credits awful as you'd imagine but I can't find this huge shortfall on my credit report. On one it says satisfied on the other settled.

I know I've been stupid, is there anyone that can advise me?

sourcrates

Hi,
Firstly stop panicking, they cant have what you haven't got can they ? I would get some professional advice on this as your ID status which you used to get the original loan, sound dodgy to me, legally that is, a simple letter to the DCA will shut them up for a while :


http://forums.moneysavingexpert.com/showthread.php?t=2607247


asking them to prove you owe the debt, which they are legally obliged to do, in the meantime ask for advice at stepchange or national debtline have a rep on here too.

fermi

If they can prove it then ask for a breakdown.

https://www.nationaldebtline.org/EW/factsheets/Pages/11%20EW%20Mortgage%20shortfalls/Page-09.aspx

Also read the rest of that factsheet, as there is plenty of useful info on that.

loveka

What a horrible situation uou are in, I feel for you. I would post this on the mortgages board if I were you. It could be that no-one replies till Tuesday when back at work. Also, phone National Debt line who will be able to help

Is the mortgage in your name? If it is then you are still liable for the shortfall with your ex. It is called joint and several liability, meaning you can both individually be chased for the whole debt.

If the mortgage is not in your name then I think you need to see a solicitor. Contact the Cituzens Advice who may be able to put you in contact with a solicitor who can give you a free half hours advice.

If it is in your name and you owe the money then bancruptcy may be an option-as you don't own a property it may not be as scary as it sounds your credit rating will be awful anyway if you are on a payment plan with Step change.

National_Debtline

Hello there,

Please do have a look through our mortgage shortfall fact sheet that Fermi very kindly posted up, it will provide you with lots of useful information about the best route forward. Please send the letter asking for a breakdown - as this will help you figure out what it is that you are being chased to pay. Once you are aware of the facts you can then decide on the best route to take. Given that you have other debts too it may be that you might need to consider petitioning to making yourself bankrupt. We have a useful fact sheet covering bankruptcy which you can find by clicking here. A word of warning, however, is that an Official Receiver may not allow you to continue paying towards the car you sister has financed for you. If you feel that bankruptcy is a likely option, I would urge you to seek further advice so that you can discuss all of the potential implications in more detail. You are, of course, welcome to call us.

It is unclear what stage the court action is at, in order for bailiffs to be used there would need to be a county court judgment in place. If you have received a claim form you can make an offer to pay by instalments. If you stick to the instalments it should stop further action such as bailiffs. If you are not sure what stage you are at please consider giving us a call.

Very best wishes,

David @natdebtline