Court for shortfall of a mortgage

LJW_2

Hi all, hope somebody can advise my husband.

He has received a court summonds for the shorfall of a mortgage. The house was sold in 2000 by the mortgage company. It didn't sell for enough hence the shortfall. They are asking for £23,335,87 plus interest from then until now which is £14,648,53. We recently sent the mortgage company a letter that we got of this site request the details of selling the house eg, how much they sold it for, did they value it etc. This probably crossed in the post with the court summons.

He wants to know whether to ring the mortgage company to see what they will do about the letter and whether to complete the form N9B which came with the letter for his defence stating the things in the letter he sent the mortgage company?

Any advice would be great as we need to get the letter back to them asap.

Hope you can help

CCCS_Matthew

Hi LJW,

As you have received court paperwork, it is important you fill it out and sent if off within the timescale (usually 14 days). If you don't send off any paperwork you will automatically default on a CCJ which can lead to Charging Orders, Bailiffs, and Attachment of Earnings. If you are filling out the N9B form, it suggests you are trying to dispute some or the entire claim. Am I right in thinking you want to dispute the amount of the shortfall because they have not proved how they have calculated the shortfall?

If you are admitting to owing the money then you will need to fill out the N9A form, allowing you to make an offer of payment on a monthly amount of what you can afford. The mortgage company will assess that offer and then decide whether it's reasonable, and if not pass it to the county court for them to make an assessment on the offer.

Have the mortgage company had any correspondence with you since the sale in 2000? If there have been 6 years since last contact there is a possibility the amount could be statute barred, in which case a CCJ would not be enforceable.

Hope this helps for now
CCCS