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Joy Chapman

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  1. Thank you. In addition, we have been thinking of joining IBAS - do you know if they are reputable?
  2. Thank you all for your comments. I have spoken to the CLA who are looking into the matter but this is only via written and phone contact. As we are eligible for Legal Aid, are we able to contact an independant solicitor or must we continue to deal with the CLA? Joy.
  3. In 1988 my husband and I re-mortgaged our house for £60,000 with the West Brom Building Society. Due to the recession and my husband being made redundant we were no longer able to keep up repayments and our house was repossessed in 1992. Since this time, we have been lucky enough to purchase another home using an interest only mortgage which we are still paying. Unbeknown to us at the time, as our property had been undersold, a deficit was incurred. It was not until approximately 9 years later that we were contacted by West Brom and informed that we owed £112,000. Due to alleged 'compound interest' this figure has now risen to over £165,000. Although we have denied the debt, we have been forced by bullying tactics into monthly repayments of £200 for the last 6/7 years. They also have placed a charge on our present property. My husband and I are both in our 60's. He is retired and unable to assist me in dealing with this due to serious mental health problems. Can any anyone please advise me on the legality of their actions? I appreciate that without all of the information you will not be able to come to a full conclusion but would be very grateful for some guidance on whether their actions have been legal. Therefore, I am providing you with a list of dates and events leading up to the repossession and subsequently in the hope that you will be able to advise me. 11/88 Mortgage for £60,000.00 12/91 Judgment for Plaintiff - house to be vacated 11/92 House Repossessed 04/93 House sold for £72,00.00 1996 New property purchased via an interest only mortgage 04/01 Claim to the court by West Brom for the sale of new property to cover alleged interest on shortfall. 2001 was the first time that West Brom had contacted us in relation to any outstanding debt – although they have said that they wrote to us in 1997 we did not receive any correspondence. As the property had sold for £12,000.00 more than the original loan advanced and we had already paid £14,000 in repayments, we had assumed that the debt had been paid in full and just walked away from the property devastated by the loss. However, following my SAR to West Brom they have provided us with a list of figures – previously unseen, that they feel justifies the ludicrous sum of money they are pursuing us for. We contacted our MP in 2003 relating to this matter and only stopped the forced sale of our new property by arranging to pay £200 per month although at NO TIME have we admitted to owing the ‘debt’ and have always disputed it. Due to our diminished circumstances, the sum has recently been reduced to £100 per month. The basic facts are that, 19 years later, the West Brom are currently chasing us for a figure in excess of £165,00.00 and as far as I can see are charging interest at approximately £15 per day. This on an alleged ‘shortfall’ of £11,431.40? There is a charging order on our new property in relation to this ‘debt’ which makes it impossible for us to sell which we may need to do in the near future, mainly due to my husband's health condition. I realise that this is only a very brief synopsis of the situation and can provide you with any further information you feel may be of assistance. My husband is entitled to legal aid due to his medical condition. Any advice that you are able to suggest would be hugely appreciated.
  4. Hello All, I wrote to the West Brom requesting all of the documents relating to the case via a Subject Access Request but was only provided with a minimal amount of information. I have contacted them again to request ALL of the information held on the file and am still awaiting this. I appreciate that without all of the information you will not be able to come to a full conclusion but would be very grateful for some guidance on whether their actions have been legal. Therefore, I am providing you with a list of dates and events leading up to the repossession and subsequently in the hope that you will be able to advise me. 25/11/88 Mortgage for £60,000.00 31/12/91 Judgment for Plaintiff - house to be vacated by 28/01/92 27/11/92 House Repossessed 05/04/93 House sold for £72,00.00 1996 New property purchased via an interest only mortgage 19/04/01 Claim to the court by West Brom for the sale of new property to cover alleged interest on shortfall. 2001 was the first time that West Brom had contacted us in relation to any outstanding debt – although they have said that they wrote to us in 1997 but they are unable to provide me with anything to substantiate this claim – we did not receive any communication. As the property had sold for £12,00.00 more than the original sum borrowed, we had assumed that the debt had been paid in full and just walked away from the property devastated by the loss. However, following my SAR to West Brom they have provided us with a list of figures – previously unseen, that they feel justifies the ludicrous sum of money they are pursuing us for. Original Loan Advanced £60,000.00 Arrears Fees £26,264.72 Insurance £3,006.22 Administration Fees £1,056.20 Solicitors Litigation Costs £3,166.31 Solicitors Sale Costs £779.75 Agents Commission and Management Fees £2,260.63 Valuation Fees £264.38 Locksmiths/Drain Water £447.01 TOTAL ALLEGED OWED: £97,245.22 Repayments Made £13,716.98 Sale Precedes £72,106.40 TOTAL MONIES PAID: £85,813.82 DIFFERENCE: - £11,431.40 PLUS: Interest Charged £56,392.08 ???? We contacted our MP in 2003 relating to this matter and only stopped the forced sale of our new property by arranging to pay £200 per month although at NO TIME have we admitted to owing the ‘debt’ and have always disputed it. Due to our diminished circumstances, the sum has recently been reduced to £100 per month. The basic facts are that, 19 years later, the West Brom are currently chasing us for a figure in excess of £165,00.00 (the WB have not been able to provide me with an exact figure) and as far as I can see are charging interest at approximately £15 per day. This on an alleged ‘shortfall’ of £11,431.40? There is a charging order on our new property in relation to this ‘debt’ which makes it impossible for us to sell which we may need to do in the near future, mainly due to my husband's health condition. I realise that this is only a very brief synopsis of the situation and can provide you with any further information you feel may be of assistance. Any advice that you are able to suggest would be hugely appreciated.
  5. Thank you all greatly for your much needed advice. We are still awaiting the documentation from West Brom. We were definately not contacted within the 6 years and certainly did not authorise a charge to be placed on our new property. We have never admitted the debt. West Brom obtained an independant valuation of our property without our knowledge. They sent a copy of this to us with a letter stating that they had put a charge on the property and a form which stated that unless we admitted the debt and started immidiate payments, they would force the sale of the house. Although we began making a montly payment, as we were so terrified of finding ourself homeless again (at this time our children were still of school age) we did not tick the box to say that we admitted the debt. This continues to be a harrowing and intimadatory experience, your interest and advice is greatly appreciated and gives us some hope. Joy.
  6. In the late 1980's my husband and I re-mortgaged our house, for the market value which was arond the £90,000 mark, with the West Bromwich Bromwich Building Society. Due to the ressession and my husband being made redundant we were no longer able to keep up repayments and our house was repossed in 1991. Since this time, we have been lucky enough to purchase another home using an interest only mortgage which we are still paying. Unbeknown to us at the time, as our property had been undersold, a deficit was incurred. It was not until approximately 10/11 years later that we were contacted by West Brom and informed that we owed £112,000. Due to alleged 'compound interest' this figure has now risen to £165,000. Although we have denied the debt, we have been forced by bullying tacticts into monthly repayments of £200 for the last 6/7 years. They also have placed a charge on our present property. My husband and I are both in our 60's. He is retired and unable to assist me in dealing with this due to serious mental health problems. Can any anyone please advise me on the legality of their actions? I can be no clearer on the exact dates as I am not in possession of the original documentaction and am awaiting duplicates from West Brom. Thank you in anticipation.
  7. In the late 1980's my husband and I re-mortgaged our house, for the market value which was arond the £90,000 mark, with the West Bromwich Bromwich Building Society. Due to the ressession and my husband being made redundant we were no longer able to keep up repayments and our house was repossed in 1991. Since this time, we have been lucky enough to purchase another home using an interest only mortgage which we are still paying. Unbeknown to us at the time, as our property had been undersold, a deficit was incurred. It was not until approximately 10/11 years later that we were contacted by West Brom and informed that we owed £112,000. Due to alleged 'compound interest' this figure has now risen to £165,000. Although we have denied the debt, we have been forced by bullying tacticts into monthly repayments of £200 for the last 6/7 years. They also have placed a charge on our present property. My husband and I are both in our 60's. He is retired and unable to assist me in dealing with this due to serious mental health problems. Can any anyone please advise me on the legality of their actions? I can be no clearer on the exact dates as I am not in possestion of the original documentaction and am awaiting duplicates from West Brom. Thank you in anticipation.
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