IBAS - Independent Banking Advisory Service
UK Mortgage Shortfall Debt Claim help advice and Resolutions
Updated on 30th November 2023
Mortgage Shortfall Debt Claims have a Limitation period of 12 years but lenders can and will pursue after that time has expired. Legally they are still allowed to do so. The borrower or their advisor needs to know whether the debt is a statute barred debt in order to know how best to defend the Mortgage Shortfall Debt Claim. Contact IBAS for independent mortgage shortfall debt claims help.
Lenders and their solicitors limit facts in their claim to entice borrowers to make proposals to pay - that is done to elicit proposals - because they need the customer proposals to legally tie them directly to the debt claim.
Question: What is the major difference between IBAS and any other advice organization?
Answer: The depth of IBAS specialist knowledge and greater banking experience in investigating business banking dispute cases for 30 years provides IBAS members with better value and also more chance of success because IBAS investigate, Challenge and Resolve UK Mortgage Shortfall Debt Claims.
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.
IBAS has over 30 years continuous experience and we are a totally Independent business banking dispute investigation resolution organization acting only for UK business banking customers
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 and Mortgage disputes and business banking debt disputes.
If you have any uncertainty regarding your Mortgage Lender email us with your concerns
Mortgage Express - NRAM - DWF solicitors feature many times in our enquiries
By 2002 Independent Banking Advisory Service had already obtained in excess of £21 million in refunds, write-offs and write-down of bank debt for Business Banking customers from our successful investigations of UK Business Banking Disputes
* IBAS will assess and directly assist and advise the customer for their own protection
* IBAS is not controlled either directly or indirectly by Banks and Lenders to conform to their agenda.
* IBAS is Totally Independent.
* IBAS does not share customer information with banks or other lenders.
* IBAS will seek to obtain Bank/lender information for assessment against the information already provided by the customer in their dispute complaint.
As an IBAS member Testimonial said: "What benefited us the most was your concise & well thought out advice, very good knowledge/experience of how the banks work, prompt responses and sensible/pragmatic approach".
an email to IBAS for assistance can help you quickly obtain practical and confidential assistance - as seen by the Testimonial below:
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 (lender 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!"
Note on the case above:
IBAS investigated the mortgage agreements and accounts from the GDPR information available and also the LPA Receivers communications, marketing and sale of the property. Errors were made in the actions of the LPA Receiver and also the Lender.
The costs of those errors inflated the debt being claimed over many years. Unfortunately, our experience has been that Lenders and LPA Receivers once engaged for a Buy To Let property after possession tend to ignore the borrower and also their duty to the borrower.
In this case IBAS involved the Regulator due to the failure in those duties to the borrower.
IBAS Mortgage Shortfall Debt Claims Unit was founded in 1992 and has 30 years experience investigating and resolving mortgage shortfall debt liability claim cases after home repossession/s.
IBAS knowledge has been collated from thousands of IBAS cases over many years which provides unique backup information for IBAS and is used to assess where to investigate and what will produce the best results.
Bradford & Bingley. Mortgage Express and Northern Rock Interest Only Buy To Let (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.
It appears that legalized bullying has again reappeared where the UKAR agents are attempting to collect on shortfall debt claims.
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 inadequate and may also be financially dangerous as real defences which did already exist may then be compromised.
IBAS has a very experienced team providing a unique, totally independent, low priced professional, experienced and confidential service
Our analysis and investigation of business bank loans, business bank accounts, business banking contracts, business banking account facilities and business banking debt recovery information has been instrumental in our member's success.
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 an email to IBAS for assistance can help you quickly obtain practical and confidential assistance - it may also put your mind 'at rest'
UK House repossession or UK home repossessions are followed by property sales by the lenders. There may be a shortfall on the mortgage after sale, as repossession and 'forced' sales attract many seeking to buy 'distressed' homes at a large discount, from lenders or their agents.
A borrower forced into repossession remains liable under the Mortgage Deed for any mortgage shortfall debt and the mortgage deed allows the lender 12 years to obtain payment.
Mortgage Shortfall debt recovery follows after the property is sold.
After sale, the lender knows exactly what remains to be paid on the mortgage they provided.
The balance on the mortgage remaining after the property sale becomes a 'mortgage shortfall'.
The lender should issue a completion statement which proves their position to the borrower.
The lender will at the same time request or demand payment for the Mortgage Shortfall Debt.
Lender's Mortgage Shortfall Demands for payment need to be very carefully considered - otherwise the full debt may be claimed and then legally enforced by the lender.
Legal enforcement by the lender will add further costs to the debt being claimed.
A lender can add all recovery actions and fees to their claim.
Further legal fees and recovery actions will mean the borrower will be liable to pay more and at that time any other properties they own may also be claimed upon by the lender - or will be at risk from the lender's legal actions.
It is possible for a lender to obtain a debt judgment and apply for a charging order or order for sale on the same day.
Much of the bank/lender 'recovery' knowledge is gained from Bank/lender Internal Notes.
The 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 these also contain very personal and specific details. All are of value to the bank in seeking payment or repayment for a debt claim.
Of course, once demand for payment are issued the Lender will be actively searching all their sources (including their internal notes) for how best to obtain payment from the ex customer. Initial information will be obtained on the customer's existing mortgage, charges, how much is outstanding, what the property is worth and before the ex customer completes the lenders personal financial statement.
An ex customer 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 the customer has provided ‘leads’ the bank/lender to further property/assets of which they were not previously aware. Therefore the bank /lender will become aware very quickly whether the ex customer has resources with which to pay.
The bank/lender knowledge of the customer will already be very good and the ex customer by completing the bank personal financial statement will provide the bank/lender with an exceptional opportunity to pinpoint exactly where they need 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 bank/lender notes from the financial statement they have assets and also equity available then the bank/lender can see they could be paid much more quickly by those assets being liquidated.
an email to IBAS for assistance can help you quickly obtain practical and confidential assistance
“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 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 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 investigate Mortgage shortfall debt claims or shortfall debt claim disputes for customers and assist in guiding members faced with Mortgage Possession Proceedings (see: Mortgage possession proceedings) and also court processes and procedures for a mortgage lender repossessing a property because of mortgage arrears.
IBAS resolve UK mortgage shortfall debt claims under a low cost, confidential membership and deal with the lender whilst obtaining solutions for you - reducing or removing the stress, anxiety and uncertainty.
IBAS gains immense pleasure finding errors or mistakes in a lender's paperwork or legal claim for mortgage shortfall debt claims and those can provide results which can be spectacular for the customer.