Debtor chasing after bankruptcy: mortgage related

remstar

Hi
... That dreaded moment when after being made bankrupt 2 years later a letter drops on your mat and you feel sick!

I went BC in 2012.
Today I received a letter from my old mortgage lender stating that after repossession of my property, and the sale of my property that there was money owing. Am I still liable to pay this?

Details:
Bankrupted in 2012 - cannot remember if property was listed in claim or was excluded, i vaguely remember OR saying something about no equity in property, not making me homeless etc and i was allowed to stay in property. I did fall behind in rent payments.

2013 - house repossessed.
June 2014 - house sold; all original borrowed monies paid back to lender
July 2014 - Debt collector letter asking for 'Interest payments' from 2013 - 2014 totalling just over £7k!

So we know the bank got it's original loaned monies paid back... and what they are now chasing is just the interest payments.

Can they do this?

Also, as mentioned at the beginning i can't remember if property was included in BC claim (gut feeling... is it wasn't ) - so am i liable for this still?

Does going bankrupt wipe out this debt? (crosses fingers).

Any help and advice you wonderful people can give... i'd be so greatful.

I've 10 days to find £7k and with a new born baby.... this is simply not going to happening, feeling a bit scared.
#HELP

fermi

Boils down to the answer to this question.

Did you after your bankruptcy at any time sign any paperwork that said that you agreed to be liable for any of the mortgage or shortfall?

If the answer is no, then any shortfall of the capital or interest on repossession falls into your bankruptcy and you can tell them to get lost.

If you did, then you may still be liable, and should take some formal advice.

BTW don't pay any much attention to a 10 day deadline etc. They usually just write something like that to panic you into payment quickly before you think or have the chance to take proper advice.

longtermplanner

The debt will have been included in your bankruptcy however, it is possible that you signed something from the lender afterwards which meant you then became liable for the shortfall.

If you don't think you did, then just reply to them with the details of your bankruptcy and say that you are therefore not liable for this shortfall. Let them try to prove to you that you are.

remstar

Excellent replies.
Thank you.

I'm pretty confident i didn't sign anything after going through bankruptcy so i'll sent the Order to them and see where they go from there.

You have both made me feel heaps better.

Thanks for your help and advice, really appreciated.
x

fermi

May be of use then: http://forums.moneysavingexpert.com/showpost.php?p=63168439&postcount=3

remstar

Amazing!
Thank you so much - copied and pasted!!!