IBAS - Independent Banking Advisory Service
and Mortgage Shortfall Debt Claim Frequently Asked Questions (FAQ's)
Updated 21st February 2024
Received a Mortgage Shortfall Debt Claim and do not know which way to turn or who to trust?
Our Testimonials are from real people and the grammar and spelling are reproduced exactly as written
Trusted over 30 years
Mortgage Express - NRAM & DWF solicitors are currently very active issuing and following up on Mortgage Shortfall Debt Claims and pursuing court claims for Mortgage Express - NRAM
see Surviving UK Mortgage Shortfall Debt Claims for tips and hints on how to avoid losing your home or personal assets from a mortgage shortfall debt claim which becomes a Court Judgment for Debt.
IBAS Mortgage Shortfall Debt Claims Unit has 30 years experience investigating and resolving UK mortgage shortfall debt liability claim cases after home repossession/s. If a Lender claims you have a Mortgage Shortfall Debt and demands that you repay it - you need IBAS help urgently so that we can advise and guide you.
Mortgage Shortfall Debt Claims have a Limitation period of 12 years but lenders will pursue after that time has expired. Legally they are allowed to do so. The borrower then needs to know if it is statute barred debt claim and how best to contest the Mortgage Shortfall Debt Claim.
The borrower has to be very careful that they do not contact the lender and by making any type of proposal then restart the Limitation clock. Lenders want borrowers to do that. Also, telling the Lender you cannot pay over the telephone will be noted by the debt recovery officer as an admission that you owe them the debt they claim.
Proposals or admissions that you cannot pay will both make the borrower a target for a legal claim to be served and judgment obtained - after which the Lender can immediately apply for a charging order (or Order for Sale) over the borrowers property or assets.
Lenders and their solicitors limit the facts in their claim to entice borrowers to make proposals to pay - underhand yes - but they do that to gain your proposals (or an admission that you cannot pay) - once provided your proposals will tie you to the debt.
Mr B's Testimonial for IBAS
I am absolutely lost for words with this outcome. I would like to thank all the staff of IBAS who have worked on my case or in the background.
You have lifted a huge burden of debt off my shoulders and saved my home from the clutches of (redacted). I appreciate all the work you have done for me, right from the first day when you took my phone call.
Independent Banking Advisory Service have totally exceeded my expectations.
Whilst I was pinning my best hope on IBAS negotiating a reduced final settlement that I’ll be paying off for years to come, you managed to get a bigger and better outcome for me. The incredible letter written to the Regulators was beautifully crafted and presented to achieve a purpose and it did.
That letter showed the meticulous investigation and analysis IBAS did on my file and you were able to extract all the key points from the investigation and presented them in a logical order to the Regulator to achieve maximum impact.
IBAS analysis revealed aspects of my case and conduct of the lender that I wasn’t even aware of myself. As a result, the lender knew the game was up. They threw in the towel and wrote off the entire mortgage shortfall debt of £70,000 remaining.
I feel a huge sense relief after 15 years of stress and the lender hoping to recover their inflated debt from my home. In many ways, IBAS is the real winner in this case.
Their dual knowledge of the rule book and how banks sometimes operate on the fringes of legal conduct and what is morally acceptable, allows them to spot where questionable act and actual misconduct has taken place.
IBAS is quietly providing a very valuable service to the public but they’re not as widely known as they should be. It took me numerous Google searches before I found IBAS website.
I would recommend IBAS to anyone in the UK who is having problems with their bank or mortgage lender. Don’t try doing it by yourself, allow IBAS, the professionals to sort it for you. Thank you IBAS!
Establishing the facts around a lender's alleged claim is the most important factor
'Thank you once again for all your help and hard work.
I would have lost my second property without you.' - Testimonial From NC
Banks and Lenders will pursue Mortgage Shortfall Debt Claims and Disputes into Litigation regardless of Limitation if they are allowed to get away with it - their solicitors will pursue you once instructed by the Lender for the Mortgage Shortfall Debt Claim after sale of the property - do not take their claim as being factually correct - the solicitors are instructed often with limited file information
- find out if your Mortgage Shortfall Debt Claim will stand up to IBAS scrutiny an email to IBAS can help you quickly obtain practical and confidential assistance - do not contact the Lender or their solicitors. They are both employed to obtain your money.
IBAS is not funded by Banks or Lenders.
I am relieved at long last. Couldn't’t have done it without you!
I am so grateful to you for having been there for me.
Once again thank you for your expertise and support throughout.”
an email to IBAS for assistance can help you quickly obtain practical and confidential assistance
Mortgage shortfall debt claim guidance required? - Struggling with a mortgage lender on shortfall debt claim or demand?
Repossession debt claim? - Want to settle repossession debt? - Want to know how long you can be 'chased' for your mortgage shortfall debt claim?
Searched everywhere for advice you can actually trust? - Not sure about the mortgage shortfall sale?
Worried about losing your home because of the shortfall debt claim you received?
IBAS has been dealing with Mortgage Shortfall Debt Claims continuously for 30 years and seen many cases like yours - which means we know where to look for defences and how to get the best result for you.
If your mortgage shortfall debt claim is recent then even more need for IBAS assistance to work between you and the lender or solicitor to prevent judgment being obtained against you.
We may then be able to prevent your position deteriorating - becoming even more threatening and stressful.
IBAS involvement is sufficient for the lender to place legal proceedings 'on hold' in many cases and allow us time to investigate outstanding issues and seek an appropriate conclusion
Find out how we can help you
Let us deal with the lender or their solicitor whilst working towards a solution
That will remove your stress, anxiety and uncertainty.
Finding 'flaws' in a lender's paperwork or their legal claim for a mortgage shortfall debt claim provides us with immense pleasure and the results
Contact IBAS for assistance - obtain practical and confidential assistance
IBAS knowledge has been collated from thousands of IBAS banking cases over many years which provides unique lender information only available to IBAS - which is used to assess where to investigate and what will produce the best results.
IBAS are an experienced team in a unique, totally independent, professional, experienced and confidential service.
Mortgage Express, Bradford & Bingley and Northern Rock Interest Only BTL Mortgage holders are now being pursued by solicitors acting for UKAR (Drydens, DWF and others)
The tactics used remind us of our research for the IBAS Mortgage Shortfall Debt Survey carried out many years ago.
It appears that legalized bullying has again reappeared where the UKAR agents are attempting to collect on shortfall debt claims.
Borrowers may be steamrollered by 'heavy' legal argument which are intended to produce completed income & expenditures with proposals to pay.
Providing a completed income & expenditures with proposals to pay may be the beginning of the end for many, as their proposals (no matter how small) may well then be used by the lender to issue a legal claim and immediately after judgment has been obtained at court then obtain charging orders and orders for sale.
As with all such cases the facts and specialist advice are crucial for a good result to be obtained for the borrower - DIY defences or forum 'defences' are usually inadequate and can be financially dangerous as real defences may be compromised.
“When there were many creditors still chasing me for debts after my home had been repossessed 5 years ago the last thing you want was another 50k mortgage short fall. When all options had ran out there was only one thing left to do which was to declare bankrupt .however, just before I commit myself I embarked upon IBAS website in my search engine. I had tried Financial Ombudsman and got nowhere. But it was my last straw so I thought I’ll give it a go .As soon as I became a member things got on pretty quickly. They gave me all the questions and I reply with all the answers. My situation was that it’s highly unlikely I can repay this kind of debt in my life time.
IBAS assessed my situation and told me what would be the likely outcome of my case. IBAS had negotiated a full and final settlement offer to the lender on my behalf successfully. It was the biggest relief I had since I got buried in this financial turmoil. I can’t thank Sara Cummings and her team in IBAS enough .Thanks guys and deeply appreciated all your helps. Mortgage Shortfall people out there please go to IBAS and find out more.”
- Mr C Testimonial
IBAS Mortgage Shortfall Debt Claim guidance and direct assistance helps remove customer fear
As one Lady wrote in her Testimonial to IBAS:
"After almost eight years we are finally free of this nightmare and have no fears of what the postman might bring. May we take this opportunity to express our thanks and appreciation for all the help and advice we have received."
Much of the bank/lender 'recovery' knowledge is gained from the Bank/lender Internal Notes.
The Bank/lender internal notes’ record their employee's personal observations and details of the customer, their family and relatives, including assets and property and possible inheritance claims. Sometimes also very personal and specific details. All are of value to the bank in seeking payment for a debt claim.
Of course, once the bank/lender demand is issued they will be actively ‘searching’ all their sources of information (including their internal notes) for how best to obtain payment from you.
Initial information will be obtained on the customer's existing mortgage, charges, how much is outstanding, what the property is worth and all that before the ex customer completes the Bank/lender personal financial statement.
The ex customer's signed and completed financial statement allows the bank/lender to double check their full financial position. They will assess it all - to see if anything else they have provided ‘leads’ them to further property/assets of which they were not previously aware.
Therefore they will be aware very quickly whether the ex customer has resources to pay.
The bank/lender knowledge of the customer will already be very good and the ex customer's completed personal financial statement will provide them with an exceptional opportunity to pinpoint exactly where to concentrate to take assets (or charge against them) later to obtain full payment.
For Example: if the ex customer has offered £10 a month (or nothing) but then the lender knows they have assets and also equity available with which the bank could be paid much more quickly they will be seeking those assets to liquidate.
IBAS experiences of case work over many years evidence that customers remaining together intact as a family and their survival from any banking/lending debt ‘claim’, depends largely on whether they can channel the immediate anxiety from the lender demand letter into a much more positive thought process.
It is a mistake for ex customers to believe a bank/lender will treat them fairly once they have issued a demand for payment.
Contact IBAS - obtain practical and confidential assistance
Mortgage Shortfall Debt Frequently asked questions (FAQ's)
Q. I've just received a Mortgage Debt shortfall claim, they have asked me to ring them - should I?
A. No - any mortgage shortfall debt claim needs to be properly examined by specialists in mortgage shortfall debt claim cases to establish whether the claim you have received can be denied, refuted or defended.
Otherwise, the lender may obtain a repayment proposal from you which will bind you to the debt.
Q. My partner has just received a mortgage shortfall debt claim for an old mortgage debt of £32,000 - what should we do?
A. The worst thing you can do is attempt to speak or communicate with the lender or their agents until you have been properly advised.
By advice we do not mean using or adopting Forum type information as a basis for your "facts" - much of the information provided on Forums is inaccurate or untried or proven and therefore extremely dangerous for any individual to follow.
Our mortgage shortfall membership is low cost and we look at all the information to find out firstly, whether the debt being claimed can be avoided - some can be. If yours cannot be avoided we will inform you on how best to address the claim.
We assess the individual's position and the individual lender (because all lenders are not the same in attitude or expectation) on the mortgage shortfall debts claim cases where we are satisfied that they are legally claimable.
Q. Why shouldn't I continue to defend and make bigger problems for the lender using the 'free help' and 'advice' posted on a web site debt forum ?
A. Each individual situation needs to be considered very carefully and properly with all the complete facts. We make sure that we obtain all the necessary facts and information to assess your position under our membership.
Simply using 'free help' and advice may mean your situation is not properly assessed. Your arguments may then be inaccurate and make it easier for the Lender to make a legal claim.
Which means you may then make the wrong decision under pressure and possibly lose defence arguments which existed before the 'free help'.
Often, those who defend a mortgage shortfall debt claim do not realize that in some cases the debt can almost double when a court claim is eventually issued.
A. Unfortunately, that is not correct - substantial equity in a a property will 'trigger' the lender's debt recovery action and provoke a mortgage shortfall debt claim and legal actions through the courts.
Having a shared ownership will not prevent an action or court claim on your current home from an outstanding legally claimable mortgage shortfall debt.
Whether it is a legally claimable mortgage shortfall debt is the question - IBAS always examine Lender claims very closely.
Q. Why is my lender so difficult?
A. Lenders change their tactics regularly and a 'new broom' in the debt recovery department may well try 'dubious' tactics to obtain higher levels of repayment to help the lender's profits or improve their own status. Lenders may also adopt a much higher pressure on the individual because the individual is unaware of what may be regarded as reasonable or what can be disputed. Our own case portfolios and research enables us to pinpoint changes in tactics by lenders or their agents.
Q. It's more than 12 years since my Home Repossession, they can't chase me now, can they?
A. It depends on what happened, when and how - only by examining the case file can we provide a definitive answer.
IBAS investigate all the issues when a case is placed with us. If there is any cause to question the lender's activities we will do so to protect your position.
Q. What should I do when the lender contacts me?
A. Lenders and their agents write very persuasive letters - when IBAS obtains the case early enough we can then protect your best interests.
IBAS offer professional assistance and value for money. Our Mortgage Shortfall Debt Claim membership has helped a great many with mortgage shortfall debt problems to 'get on with their life' - some have been able to resist the claim altogether, whilst others have been negotiated to a settlement and protected from paying more than they should.
IBAS has featured on BBC TV, BBC 1999 Testimonial for IBAS BBC TV News, ITV News, Meridian TV and Sky TV News since 1992 and contributed banking editorials and business banking articles for Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.
Independent Banking Advisory Service (IBAS) - launched in 1992 and are UK Specialist Business Banking Dispute Resolution Experts assisting and advising UK Business Bank customers with UK business banking account overdraft, loan disputes and business banking debt disputes.