IBAS - Independent Banking Advisory Service
Mortgage Shortfall Liability Debt Claim Disputes and case studies
Updated 20th October 2023
Mortgage Shortfall Debt Claims have a Limitation period of 12 years but lenders will pursue after that time has expired. Legally they are still allowed to do so. The borrower then needs to know whether the claim is statute barred to contest the Mortgage Shortfall Debt Claim.
That means establishing the facts around the lender's claim is extremely important
I am relieved at long last. Couldn’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.”
If you have recently received a Mortgage Shortfall Debt Claim from a solicitor then email IBAS with your concerns
If you have any uncertainty regarding your Mortgage Lender email us with your concerns
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!
Lenders and their solicitors will limit the facts in their claim to entice borrowers to make proposals to pay - underhand yes - but they do that to elicit your proposals - which once provided will tie the borrower to the debt regardless.
Borrowers have to be as clever as the lenders - IBAS can help with that - but we can only help those who come to us for our help
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 for assistance can help you quickly obtain practical and confidential assistance.
AA wrote to IBAS desperate for help in resolving a £37,000 mortgage shortfall dispute. Continued pressure from the lender left her in a state of depression and unable to work. After IBAS had successfully resolved the matter for her she sent the following email and requested we post it on our web site to give hope to others experiencing similar problems:
- "Subject: Gratitude. I wanted to send this to you direct to your inbox but was unsure of the correct spelling of your name. I cannot begin to express my gratitude for the work that you have done for me. The matter between myself and that building society has hung over me for nearly 10 years perhaps even more. It took me to the brink of despair and nearly ruined me both mentally and physically.
For me there was no light at the end of the tunnel I felt hunted and trapped. Every future plan was blighted with this situation. I avoided the money sections in the papers and would cringe when the T.V blared out ad's of aid for people in debt.
Your article in the Daily Mirror was a God Send for me - something about it drew me in and made me read where usually I would have just ignored I then thought why not give them a try they can't make it any worse!
You have exceeded expectations with your speed professionalism and results; I will sing your praises and the organizations at every turn. Once again let me thank you for your efforts on my behalf as you have changed the quality of my life - Many many thanks" - from AA Testimonial Letter
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
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 based on our findings.
based on our findings.
Let us deal with the lender or their solicitor whilst working towards a solution
That will remove your stress, anxiety and uncertainty.
an email to IBAS for assistance can help you quickly obtain practical and confidential assistance
More IBAS Testimonials
C&J, both close to retirement, thought they were doing the right thing when they contacted a local solicitor following repossession of their Cambridgeshire home. The solicitors entered into involved dialogue with Britannic Mortgages and by doing so, accepted the claimed shortfall debt of £30,000, adding hefty charges to the couples existing debts.
They then contacted the CAB who were sympathetic, but unable to persuade Britannic to accept a settlement within their means. Subsequently J was made bankrupt and the lender then concentrated their efforts on C, pursuing her and calling at her home at unreasonable hours.
Under severe pressure they moved to the West Country to be near family and then contacted IBAS. We resolved the case.
C said in her letter "This is such a relief, we cannot express deeply enough our gratitude for the conclusion to this matter".
AS and his wife sought the help of IBAS after receiving a Statutory Demand for bankruptcy against a mortgage shortfall debt of £124,000. He and his solicitor had embarked on a protracted exchange of correspondence with Eversheds acting for The Mortgage Corporation, which eventually provoked legal proceedings. It was important to act quickly and within a week of receiving the file IBAS persuaded them to withhold the action to allow negotiations, which led to a full and final settlement.
AS emailed us: "I can now relax. Without your help we would not have resolved this problem - we know for sure".
Hammond Suddards Edge acting for Bradford & Bingley had been chasing JH for some years when he came to IBAS to resolve a £32,000 shortfall. Like many people he believed the MIG he had paid for would cover the shortfall and was shocked to discover that this was for the sole benefit of the lender. Having already entered into a repayment scheme he had accepted liability and with a new business beginning to make headway was keen to put the matter behind him. IBAS negotiated a full and final settlement.
He said "Thanks for sorting this deal out for me. I can now concentrate on by business without the fear of this lurking behind me".
Agents acting for National Home Loans in respect of a mortgage shortfall of £68,000 were chasing MS relentlessly. Her solicitor accepted the debt and also provided income and expenditure details, which were not helpful to her position. When they obtained an attachment of earnings and then a Charging Order over the home she owned with her new husband, her solicitor then suggested she approach IBAS and promptly returned her file. At such an advanced stage negotiations were difficult, but we persuaded NHL to drop their charge and accept a full and final settlement.
She wrote, "This is such a relief. I only wish I had know about your organization earlier".
“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. After reading some testimonies I was a bit sceptic at the beginning because 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 accessed 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 Letter
Please Note: IBAS case studies are real and the situations were as detailed.
We have changed initials of those concerned to protect their identity.
to protect their identity.
IBAS do not correct spellings or grammar for customer Testimonials as those are written by the customer.
Repossession of a mortgaged property whether voluntary or by a forced possession will often create a mortgage shortfall debt claim for payment.
The lender will always chase mortgage shortfall debt claims for payment and attempt to obtain an admission of the debt claimed by requesting a small monthly payment
IBAS does not act for Banks or any other lender.
IBAS is not compromised in any way by Banks or other lenders.
IBAS provides the most efficient and professional opportunity for success on Mortgage Shortfall Debt Claims.
an email to IBAS for assistance can help you quickly obtain practical and confidential assistance
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) and the tactics used remind us of our research for the Mortgage Shortfall Debt Claim Survey carried out many years ago.
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 or forum defences are usually inadequate and financially dangerous as real defences may be compromised.
Most of the bank/lender debt recovery knowledge is gained from the Bank/Lender Internal Notes.
The Bank/Lender internal notes record their employees 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/lender in seeking payment of a debt claim.
Of course, once the bank or lender demand is issued they will be actively searching all of their sources.
Lenders target individuals with existing UK mortgage shortfall debts continually. Does your Lender have new information about your circumstances?
i.e. have you moved in with a partner who has a mortgaged property with equity?
Personal information from voting lists, Land Registry charge sheets and applications for new borrowings (i.e. Mobile phones) from your post code are always being 'trawled' by lenders seeking payment of shortfall debts. Any information found by the Lender which indicates that property or assets can be targeted for payment then puts new partners or even family members at risk from beneficial interest legal claims against their assets.
If you are living in a mortgaged property with a new partner, family member or a friend - do you or they have a Deed of Trust or tenancy agreement to rely on - Check out your position now
an email to IBAS for assistance can help you quickly obtain practical and confidential assistance - it may also put your mind 'at rest'
IBAS has featured on BBC TV, 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 as a specialist UK Business Banking Dispute - Resolution Experts assisting and advising UK Business Bank customers who have UK business banking account loan disputes and business banking debt disputes.