Mortgage Shortfall Debt Claims and Disputes

 

 

 

 

 

 

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Established in 1992

 

Mortgage Shortfall Debt Claims|Disputes

 

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 is completely independent

 

 

 

IBAS does not act for Banks or any other lender

 

 

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When IBAS obtain confirmation of a full write off of a BTL shortfall debt claim for our member that result is always very pleasing for us too. 

When we obtain an exceptional £150k write off we are jubilant - as CL said:

 

“This is amazing news. Thank you for all your hard work. 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.”

- CL Testimonial July 2021


 

 

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Email IBAS now to find out how we can help you.

 

 

 

IBAS provides opportunity for success with Mortgage Shortfall Debt Claims

 

 

 

BBC Testimonial for IBAS - Your Money Not a moving account  

 

 

 

We are the only completely independent banking specialist acting for members.

 

 

 

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Following a repossession the sale of the mortgaged property can then mean a mortgage shortfall liability is immediately created. It is then that the lender will issue a claim for the mortgage debt after repossession which is the 'shortfall debt' and on which lenders will request payment - sometimes many years later.

 

Internet information on Mortgage Shortfall Debt Claims and Disputes after a repossession is huge and very confusing.

 

One search will often lead to many more pages and many of those pages and sites will be completely out of date and cannot be relied upon.

 

Up to date information will confirm that every case has very individual case facts on which specific advice will be necessary. Fact Sheets become even more confusing as those Fact Sheets are not actually addressing the individual case facts or the individual mortgage shortfall debt claim faced by the customer.

 

Since 1992 IBAS has investigated and analyzed individual banking cases and disputes including litigation, involving many different top 10 solicitor practices normally instructed by lenders and banks.

 

Most solicitor are rarely involved in litigation as a normality and often unaware of the bullying from the top solicitors employed by banks and major lenders.

 

They may also be unaware that the top 10 solicitors employed to do the banks dirty work may also employ questionable tactics.

 

IBAS has unique specialist ability and our analysts log patterns and strategies which others do not, or cannot - thatʼs because IBAS has seen those same patterns and strategies used many many times over and we have gathered that information over a long period for our ongoing use to assist those who we advise.

 

Once a bank or major lender moves towards their exit strategy the customer must immediately plan to protect themselves (particularly those needing to act as LIPʼs) against bank litigation and their legalized bullying.

 

At the early stage where the bank is pressuring the customer IBAS can help by not only advising how they will act and what they will target later but also by getting between you and the lender or their solicitors.

 

Immediately banks and lenders enter into their recovery phase litigation and litigation planning is forefront in their mind (not conciliation, negotiation or mediation).

 

The personnel in debt recovery units are interested in protecting their business and their bonuses not the customer.

 

When Bank Debt Recovery Units take control they will then push hard for early proposals regardless of customer complaints.

 

This pressures the individual into making proposals to pay - although there may well be valid defences to the bank claim/s.

 

Prior to considering mediation, conciliation or negotiation, banking case files require a specialist investigation of the facts so that the bank is not easily able to conceal the facts they do not wish to disclose.

 

Where Banks are concerned, disclosure prior to litigation and indeed after litigation has commenced is not a normality.

 

Denying important facts to the customer at demand and even after Litigation has been initiated by the bank is Bank strategy.

 

Mortgage Shortfall Debt Claim Litigation and Debt collection is a profitable business for all those involved including Insolvency Practitioners (IPʼs).

 

Many IPʼs have very close connection/s to the banks and lenders who provide IPʼs with work.

 

IBAS case work is managed using case based reasoning which has been enabled by our gathering case information since 1992.

 

That allows IBAS to effectively profile cases and factor in knowledge of the lenders banking strategy and their previous behaviour by using IBAS historical data archive.

 

IBAS will investigate UK Mortgage Shortfall Debt Claim cases and connected bank accounts in house (unlike the FOS) and IBAS will investigate any Mortgage Shortfall Debt Claim complaint which we feel has merit after our initial assessment of the complaint/s.

 

Itʼs extremely unusual for IBAS not to find something with which allow for negotiations, gain extra time, drive the debt down or eliminate it.

 

Neither, is it unusual for IBAS to find mortgage errors, mistakes or irregularities which then allow us to provide successful defences to Mortgage Shortfall Debt Claims whilst protecting our members from being bullied by the bank.

 

Banks know that IBAS will scrutinize all the details of their Mortgage Shortfall Debt Claim and that our analysts will analyze their claim - but first we will fully assess and investigate any issues which may affect their debt claim for the customerʼs benefit.

 

 

We are the only completely independent banking specialist organisation not run with lenders payments or commissions and acting for it's members.

 

 

Email IBAS now to find out how we can help you.

 

 

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Information from those we have assisted since 1992 show that other advisors, solicitors and also the FOS carried out very limited or basic checks on complaint details.

 

Basic checks cannot identify customer defences, allow debt reduction or eliminate a debt being claimed.

 

 

IBAS FAQs - will Instructing Solicitors work for you?

Solicitors are known as the general practitioners of the Legal profession.

If you knew you required brain surgery would you ask your GP to perform the operation?

Of course not. However, most solicitors will take on a banking case regardless of their experience as it will earn them fees

 

Most solicitors spend 75% of their time on mainly domestic matters and issues, the largest is conveyancing.

 

Banking demands and claims by banks is not the place for solicitors lacking the necessary experience or knowledge as inevitably it leads to failure for the customer.

 

Example. A couple came to IBAS after losing their home. They lost it simply because their solicitor put forward an inadequate defence. When the correct defence was entered for a further hearing the Judge threw it out with the suggestion that the solicitor be sued for negligence.

 

IBAS provides our members with knowledge and information which most solicitors cannot or will not provide directly to the bank customer.

 

In our experience, Solicitors are taught to read what they are shown on a strictly legal basis which suits banks very well.

 

Many solicitors will just rubber stamp the documents provided by the bank which will show how strong the bank case is - not their weakness, whilst using up time and money and not knowing or seeking out the really important documents which the bank may well be hiding.

 

IBAS provides knowledge and information direct to banking customers under membership and we know which information the banks will hide and our investigations focus on what can help the banking customer not the bank.

 

That's why many of our most successful cases had already been rejected by solicitors as being un-defendable.

 

IBAS support and involvement is essential immediately the Bank Demand has been received by the customer

 

IBAS early involvement can prevent Bank Litigation and the Bank's legal claim.

 

It would be totally impossible to show almost 30 yrs of IBAS banking case experience in a few web pages - so please email IBAS with details of your dispute and your specific questions.

 

 

 

BBC Testimonial for IBAS - Your Money Not a moving account  

 

 

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Please Note:

 

IBAS normally investigate matters in the window between the bank/Lenders final letter and the date for the FOS complaint to be made i.e. before the FOS is involved.

 

That 6 month period allows IBAS to fully investigate the dispute and also obtain the necessary documents to enable us to be certain of the details which the bank will use in chasing the customer for payment on a Mortgage Shortfall Debt Claim dispute.

 

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IBAS experience is that FOS complaints need to be properly 'constructed' and they require careful research covering the whole period of the complaint, including the initial complaint to the bank/lender (which is often verbally made - but will be noted by the bank/lender and produced later) onwards - plus a very good knowledge of how the FOS actually works.

 

 

Lenders and Banks know how the FOS can be persuaded to their view.

 

Summary:

 

IBAS knowledge and experience of the Financial Ombudsman Service complaints handling and of the bank or Lender's strategy for producing their Final Letter in answer to complaints allows IBAS to focus on the correct focus for that complaint and IBAS draft banking complaints for our members with much more precision, whilst also preparing a better defence for the dispute to the debt claim should it be required.

 

IBAS aim is always to resolve a Mortgage Shortfall Debt Claims without litigation.

 

In most cases that is possible as IBAS investigations usually produce worthwhile negotiating information.

 

Our experience is that litigation is the last course of action for any Dispute because it is extremely expensive, time consuming and because most litigation cases end with only Banks, Lenders and lawyers being the winners.

 

However, IBAS cannot overturn an FOS 'decision' if the customer has gone to the FOS first and found the FOS decision is then unpalatable to them.

 

 

If IBAS is involved first -

 

we can then properly investigate a mortgage shortfall debt claim dispute.

 

 

 

IBAS knowledge has been collated from thousands of IBAS banking cases over many years which provides unique ʻback-upʼ information only available to IBAS - which we use to assess where to investigate and what will produce the best results.

 

IBAS has a very experienced team providing a unique, totally independent, low priced professional, experienced and confidential service.

 

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UKAR Update January 2020

 

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 now 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 then obtain charging orders and/or 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 may be financially dangerous as real defences which did exist may be compromised.

 

IBAS has a very experienced team providing a unique, totally independent, low priced professional, experienced and confidential service

 

 

Email IBAS now to find out how we can help you.

 

 

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We know that Mortgage Express shortfalls are being chased for payment now.

 

 

Anyone receiving a mortgage shortfall debt claim from their bank or lender due to a past home repossession should read the Daily Telegraph article 'Why none of us is safe' published on 3rd May 2008 very carefully:

 

 

Daily Telegraph Article 03.05.08 - You can't make your mortgage payments, so the bank takes your home. William Little talks to those who've suffered the trauma.

 

Sara Cummins, head of the Mortgage Shortfall Unit at the Independent Banking Advisory Service (IBAS), says she has been advising an increasing number of well-heeled clients facing the loss of their homes: "They are often embarrassed about the situation they find themselves in because of how much they earn. But I've had to help barristers, solicitors and hospital consultants in the last year," she says.

Yet, even when property owners know the law, the banks can still force through a repossession.

Simon Cox, a 30-year-old solicitor, bought out a jointly owned property from his brother three years ago. He admits now that he took on too much and buried his head in the sand when things became too much. It was a three-bedroom property worth more than £400,000 in south-west London. "I took on the mortgage because I was a professional and I could afford it, and I felt obliged because it was my brother. But two years on from buying out the property, I started experiencing real financial problems. Arrears mounted and the bank repossessed the property," he says.

Yet this was not the end of the story. The following year, the bank started to pursue Mr Cox for a mortgage shortfall of £145,290 - the difference between how much they got for the property and how much was left on the mortgage.

"When the bank chased me for the shortfall, I was in sheer panic. I thought the repossession was the end of the story. I didn't know what to do. Being a solicitor, I tried to negotiate with them myself, but in retrospect this was not a good idea," he says.

"The bank saw this as a weakness and used the information that he was a solicitor to threaten bankruptcy as this would mean Simon's solicitor's licence would be suspended," says Sara Cummins of IBAS, to whom Simon eventually turned for help.

"I was forced to advise my senior partner of the pending bankruptcy and I was immediately suspended, making the situation even worse. I then had no income at all," says Mr Cox. The bank then turned the screws tighter still. Under pressure, Mr Cox gave away vital information.

"Cox had fallen into the trap of telling the bank's solicitors that his parents were willing to make a 'reasonable' settlement on his behalf for £20,000 and even provided a letter from them to this effect," says Ms Cummins. "This was his greatest mistake as it provided the bank with sufficient information to search his parents' asset position. It was then reluctant to negotiate a settlement as they found out that Simon's family were wealthy and should settle his debt in full."

IBAS then stepped in and negotiated a full and final settlement of the debt of £50,000, which his parents paid. Luckily, Mr Cox has since had his licence restored and returned to work in the City.

Yet his experience demonstrates how far banks will go to get their money back. Ms Cummins says that banks will keep a check for many years on whether a person with a repossessed property buys another in the future. They will then try to claw back any shortfall. This happened to 54-year-old chartered surveyor Mr P last year, after a repossession in the early 1990s.

"The bank in question is now threatening legal proceedings with a view to gaining a charge over the family home, which has been owned by Mrs P for 20 years whereas Mr P, her new husband, only recently went on to the deeds," says Ms Cummins. Now his wife's house is in danger of being repossessed as well.

"It was when my name went on the deeds that they discovered that I had another asset they could get their hands on, and they came calling," says Mr P. "It has been more than 12 years now since my house was repossessed, and surely they can't chase after that. But they're extremely intimidating, threatening that unless we pay £50,000 they will repossess the house. It is very stressful. My wife is on the edge and is very unwell because of it."

Ms Cummins is clear about banks' tactics. "Sometimes they will sit on the information for a few years, waiting for the property to gain value. They are very calculating and ruthless and push until they get what they want by whatever means possible."

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Please Note: Names/content details have been edited to protect those involved in the IBAS input to the article published in The Daily Telegraph

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The Daily Telegraph article demonstrates the lengths lenders will go to to obtain payment and illustrates what you should not do after receiving mortgage shortfall debt claims.

 

See also the Telegraph article by Jenny Knight which is still relevent today (link below):

 

 

The hidden danger of joint mortgages

 

 

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“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 - November 2016 Testimonial for IBAS

 

 

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The side bar pages show how others in fear from a mortgage shortfall debt have obtained resolution & the information in those pages show why customer's telephone calls to lenders are always dangerous.

 

They also evidence how and why lenders pursue mortgage shortfall debts (once repossession and sale of the property has taken place) and why 12 year old mortgage debts or even much older debts are chased by lenders

 

First to gain an admission of the debt and then to obtain payment from your assets, which may include your new home.

 

Lenders pursuit of payment or gaining an early 'admission of the debt' can be extremely 'vigorous' and may well be intimidating as lenders seek payment from mortgage shortfall debt claims or shortfall demands for payment of a claimed or alleged mortgage shortfall debt.

 

Much of the bank's recovery knowledge is gained from the Bank Internal Notes.

 

Bank internal notes record the bank employee 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 demand is issued the bank will be actively searching all their sources of information (including their internal bank notes) for how best to obtain payment from the ex customer.

 

Initial information will be obtained from the existing mortgage, charges, how much is outstanding, what the property is worth and all that before the ex customer completes the Bank personal financial statement.

 

The ex customer's signed and completed financial statement allows the bank to double check their full financial position. They will assess it all - to see if anything else they have provided ‘leads’ the bank to further property/assets of which they were not previously aware.

 

Therefore the bank will be aware very quickly whether the ex customer has resources to pay.

 

The bank’s knowledge of the customer will already be very good and the ex customer's completed personal financial statement will provide the bank 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 bank knows they have assets and also equity available with which the bank could be paid much more quickly.

 

IBAS experiences of case work over many years evidence that bank customers remaining together intact as a family and their survival from any banking debt ‘claim’, depends largely on whether they can channel the immediate anxiety from the bank’s demand letter into a much more positive thought process.

 

It is a mistake for ex customers to believe a bank will treat them fairly once they have issued a demand for payment.

 

 

 

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Email IBAS

 

 

 

 

 

Independent Banking Advisory Service (IBAS) - IBAS launched in 1992 as a specialist unincorporated business banking membership organization assisting bank customers with UK business banking account loan disputes and business banking debt disputes with their bank.

 

 

IBAS Membership can be paid by credit or debit card

 

IBAS do not charge a percentage of any settlement reached as others do

 

IBAS investigates Mortgage shortfall debt claims or shortfall debt claim disputes and negotiate with the lender on behalf of our member.

 

IBAS involvement is sufficient for the lender to place legal proceedings 'on hold' in many cases - to allow IBAS time to investigate outstanding issues and seek an appropriate conclusion based on our findings.

 

IBAS resolve mortgage shortfall debt claims under a low cost, confidential membership and deal with the lender whilst working towards a solution, reducing or removing the stress, anxiety and uncertainty.

 

Finding 'flaws' in a lender's paperwork or their legal claim for a mortgage shortfall debt claim provides immense pleasure and also results which can be spectacular for our member.

 

 

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BBC Testimonial for IBAS - Your Money Not a moving account

 

 

 

IBAS has 30 years continuous business banking dispute investigations and negotiations experience with all UK lenders.

 

We provide professional, confidential guidance and direct assistance to UK directors and proprietors.

 

 

IBAS are independent specialist investigators in UK business banking disputes, bank debt claims, Directors Bank Personal Guarantee and Business Mortgage Debt Claims.

The continuous, combined experience of UK banking investigations and UK banking case law since 1992 is offered to those fortunate enough to be offered IBAS Membership for their business banking dispute. IBAS experience and knowledge has saved many homes from being taken by banks after the bank demand on a Directors Personal Guarantee has threatened them.

 

IBAS limit cases to accommodate thorough in depth investigation of documentation.

 

The interests of the bank business customer is our major focus.

 

 

IBAS acts for UK Business banking customers with business banking account concerns, disputes, issues, problems and business banking litigation disputes

 

IBAS does not act for Banks.

 

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 the Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.

 

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Last modified: 9th September 2021