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    • CharlieChamberlain
    • By CharlieChamberlain 14th Mar 18, 11:28 AM
    • 2Posts
    • 0Thanks
    Advice Needed
    • #1
    • 14th Mar 18, 11:28 AM
    Advice Needed 14th Mar 18 at 11:28 AM
    I am not sure if I have posted in the best section,

    In 2006 I purchased a mortgaged property with my now Ex-wife and her Father acting as guarantor.
    In late 2009, we parted ways, and it was agreed through Solicitor’s for me to vacate the property and be removed from the mortgage. No monies would be paid to me, and this was agreed.
    The Day I moved out, December 26th 2009, I contacted NatWest Mortgages, and gave them my new living address (My Parents), informed them of the situation, and told them my mobile number was still the same. They confirmed they had “Updated there records”
    In 2014, I get a letter through the post from a Shoosmith’s solicitors, saying that I owe NatWest Mortgages a sum of £30,000 for the shortfall of the mortgage. As you can imagine, this came as quite a shock.
    I contact Shoosmith’s, and asked them for more information. They declined to send any.
    I then did some research via the internet, and found out that the house had been actually been repossessed.
    I was again sent a letter from Shoosmith’s, the same default / Template letter, asking to get in contact to arrange payment or a suitable monthly contribution to the debt. I again asked for more information. This was declined.
    This has been repeated and repeated to this day, the same default / Template letter, attached with an expenditure form for me to complete. Everytime I do make contact, I do not acknowledge the debt, and to this day I am still waiting for information. Date of Repossession, Auctioned price, was there a Judgement of money etc.
    I have also lodged a complaint two years ago with Shoosmith’s. My complaint was based on the bombardment of the same repeated letter, never taking into account my communicated response.
    This obviously appeared on my credit file, but since November 2017, has now been removed.
    I have lived everyday with this hanging over me, as you can imagine this has brought great strain and health issues to me and partner.
    We recently spoke with a Mortgage Broker as we would like to obtain a joint mortgage with my new partner. This has been approved in principle.
    I privately rent and have no vehicle so new valued assets. He is concerned if I now appear on the mortgage database, they could then take our new joint property from us.
    My Mortgage Broker did speak to his legal team, and they said they were surprised that due to it being negative equity, that they were still chasing after all this time.
    I am after some advice on the situation, I should have maybe asked this a long time ago rather than just trying to find a situation on this forum similar to mine.
    Should I go ahead with the mortgage, and just continue to exchange letter’s? Shall I wait until after 12 years? Any help or reassurance would be greatly wonderful, as if thinking about buying a house is stressful enough, I feel so very guilty that I am almost punishing my partner due to this.

    Thank you for reading. Charlie.
Page 1
    • sourcrates
    • By sourcrates 14th Mar 18, 1:40 PM
    • 14,368 Posts
    • 13,553 Thanks
    • #2
    • 14th Mar 18, 1:40 PM
    • #2
    • 14th Mar 18, 1:40 PM

    The shortfall is now unsecured so they cannot touch any other property you may own.
    National debtline best place for advice on this.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to Any views are mine and not the official line of

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see :
    • CharlieChamberlain
    • By CharlieChamberlain 14th Mar 18, 2:06 PM
    • 2 Posts
    • 0 Thanks
    • #3
    • 14th Mar 18, 2:06 PM
    • #3
    • 14th Mar 18, 2:06 PM
    Thank you very much for the reply.

    Just to confirm, there was no TR1 form signed, so I was and am still on there. Not sure if this changes your answer or not.

    So, just to confirm, They cannot put a charge on the new property for example, and you would be confident that we should continue with our mortgage process and purchase?
  • National Debtline
    • #4
    • 14th Mar 18, 3:36 PM
    • #4
    • 14th Mar 18, 3:36 PM
    Hi Charlie

    You and your ex won't have been able to simply, unilaterally agree that you be "removed" from the mortgage - the terms of any divorce settlement will not have bound anyone such as the mortgage lender with whom you had a separate contract.

    It's impossible to completely rule out any further action by this creditor based on what we know so far. However this doesn't mean any new house being "taken away" - the old Natwest mortgage was secured against a different property, not this new one.

    You should get in touch with one of the free debt advice charity helplines - such as ours - for more detailed advice. We can give general pointers on here but you shouldn't make decisions on new mortgages etc. based purely on forum responses. For one thing, anyone responding - me included - will not have enough context to go on.

    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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