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Independent Banking Advisory Service |
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Mortgage Shortfall Claims and case studies AA wrote to IBAS desperate for help resolving a £37,000 mortgage shortfall dispute with Britannia Building Society. 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.. 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 organisations 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" AA
It's natural you will want to know our 'pedigree' - visit UK Bank News 2009 for most recent Banking News and you will also find our national newspaper comments plus many more in the News and archives sections of our site - see our site map. IBAS has featured in BBC TV and ITV News items and programmes on banking and the banking issues many times since we were established in 1992. When the CAB was unable to resolve PBs mortgage shortfall, he turned to IBAS for help. Halifax was claiming £42,000 against a repossession in 1998. Whilst Halifax had complied with the Voluntary Code, their claim was unrealistic when viewed against PBs financial circumstances and future earning potential. IBAS persuaded Halifax to accept a reasonable figure in full and final settlement. PB wrote: "I cannot thank you enough for sorting this out. When the CAB failed I thought there was no hope, but you proved otherwise". 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". Bristol and West had already obtained a Charging Order on LS's new home when she came to IBAS for help. Equity in her new home had been the incentive behind their claim of £43,000 against a shortfall (before costs and interest) of £21,000 dating back to 1995. Our involvement was sufficient to halt repossession of the new property whilst LS raised funds through an equity release, which was paid as a lump sum full and final settlement. Her note said: "I cant thank you enough and am so glad this worry is eventually over". Hammond Suddards Edge acting for Bradford & Bingley had been chasing JH 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". See OFT Complaint by IBAS 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 suggested she approach IBAS and promptly returned
her file. At such an advanced stage negotiations were difficult, but we persuaded them 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". DM was devastated when she realized a shortfall claim of £17,000 from her
previous marriage was jeopardizing the property she now owned with her new husband. With
£60,000 equity, Birmingham Midshires were chasing her for payment as an
alternative to possession of her new home. Concerned of the effect this would have on her
marriage, we guided her in submitting details to support her position, which led to a full
and final settlement.
She wrote, saying "I would like to take this opportunity to thank you for all your
assistance in helping me reach this settlement".
J & D lost their home in 1996. Halifax pursued a
shortfall and in Summer 2002, issued proceedings for £43,000. It was only at
this stage that they approached IBAS. Judgment was due to be entered and it was therefore
vital that an offer of settlement was reached quickly, particularly as Halifax had
indicated their next move would be a Charging Order over the new family home which offered
£30,000 equity. Of greater importance was that the family home had been adapted to
accommodate the couples severely disabled son and any threat to his familiar
surroundings would have adverse effects on his condition. Within two weeks a full and
final settlement was agreed on behalf of the family.
J & D's relief was clear in their simple note, which read "Thank you so
very, very much".
Nationwide came to a £3,200 settlement with AW's ex-husband in
2000, which he led her to understand, was for her liability also. She was
shocked in 2002 to be approached by an agent chasing her for payment of the £21,000
shortfall. Unfortunately she had nothing to prove that the settlement was for her as well
and turned to IBAS for help. As a single Mother of two children her ability to pay was
limited. Nationwide agreed to place the matter on hold for six months to allow her to save
towards a settlement at which time we agreed a full and final figure.
She wrote, "I was at my wits end and
dare not answer the phone. When I came to IBAS I thought there might be light at
the end of the tunnel and now I know there was. Many thanks". HG and her partner took out a £32,000 mortgage with Halifax in 1993 to buy a new
home in Merseyside, but due to her partners violent behaviour she was forced to leave in
1999. She placed the property on the market but Halifax commenced
possession proceedings and took control of the sale. Despite an increase in property
values, they sold for a knock down price of £23,000. IBAS investigations usually raise
questions for clarification by the lender.
IBAS Mortgage Shortfall Claim
membership is still only £225.00
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