HBOS repossession nightmare please help

[NC nohare]

Can anybody help or advise me please.

I am at my wits end and I don’t know where to turn.

Last year after a bitter struggle. I had my home repossessed.

I appealed the repossession but lost as I went in front of a Judge who had no idea about my case. Previously I had been in front of a fantastic judge who was really helping me stay in my home while I was getting a REMO order enforced in America also I have a disabled son and he was very conscious of that fact.

My house was worth around £285,000 (I have a surveyors report to show this) but the bank/Estate agents marketed it for £249,995.

When they took possession of the house they removed all exterior doors (3) and placed shutters with holes in them in place of the doors and over windows. They damaged every window in the house .Needless to say water and the elements got into my house causing damage. I wrote and complained to HBOS four times but to no avail. They claimed the shutters were watertight. After five months of me complaining and getting my local Councillor involved they admitted that the shutters were in fact NOT water proof and they made them so. They then claimed that no damage had been done to my property as a result of them taking the doors off! I know damage has been done to the oak flooring and ceilings as I have been into the house and seen it for myself. So are a number of my friends who are all willing to write statements .

I found out via a neighbour today they have accepted an offer on my house for £230,000. £20,000 less than was advertised and £55,000 less than the market value. I know to some people this is not a lot of money but to me it’s a fortune and all I have to try and rebuild my and my children’s life

What I need help with is what can I do?

Can I do anything about them underselling my house?

What about the damage caused by them?

can I do anything about my personal items stolen? when they took possession. I went to the Police who could not do anything as too many people had access to my house via HBOS/Estate agent. They stole money belonging to my disabled son.

What about fee's HBOS are going to charge me for. Apparently my neighbour was informed that a management company were looking after my house! If only. Somebody tried to brake in last week. They kicked in the side gate and smashed the windows in the shed. The evidence is still there for everybody to see.

Can I argue about their fee's?

Am I in a position to try and claim back any of their charges?

Sorry this is a long winded post but I don’t know how else I can put my story across.

I would appreciate any advice anybody could give me

Thanks

N Xx

[maroondevo52]

Thread moved.

[NC nohare]

Thanks Maroondevo,

Im glad somebody can point me in the right direction.

N

[Ell-enn]

Hi there the lender has a duty to market the property responsibly and in your best interests in order to get the best price possible. I have affixed the Council of Mortgage Lenders recommendations on selling properties in possession.

 

It would be a good idea to send a Subject Access Request - they will then have to send you all the information they have on your account including the sale of the property. This will show whether you have a case for mis-management of the sale of your property. I have also affixed the mortgage subject access request letter. You will need to send a fee of £10 (postal order is best) and send the request by recorded delivery. Write your name and address on the back of the postal order and add "fee for subject access request).

CML recommendations following reposession.doc

Mortgage SAR.doc

[NC nohare]

Ell-enn Thank youthank you thank you for your help.

I will get on to it on Monday.

Do you or can anybody else advice me about the damage caused to my home by HBOS/Estate agents ,because I feel ultimatly the damage caused effected the selling price.

Also can I do anything about them stealing my personel possessions.The total cost of items stolen is over £2000. The Police were powerless do do anything.

Thanks

N

[Ell-enn]

Hi, once the lender has possession of the property it should be covered by their insurance (or that of the managing agent they appoint). You need to report the property stolen and get a crime number, then write to the lender (by recorded delivery) and ask for details of their insurance as you have a crime number for the items stolen.

[NC nohare]

Thanks for the advice.

I have reported it to the poice but they can't do anything as too many people had access to my house and property init via the Estate agents/HBOS. I wrote to Hbos about my stolen items but they are saying that nobody has taken anything so really they are denying responsibility.

Can I laso make a claim for the damgage they have done to the oak flooring and ceilings as ultimatly it has reduced the value of the house since they respossessed?

Thanks for your help.

Regards

Natalie

[Ell-enn]

Did you take photographs of the damage to the floors?

[NC nohare]

Yes I took lots of photo's of the floor and the rest of the damage to the house.

I also have witness statements from my friends who helped me movd out as they saw all the damage.One described my house as being vandalised by what they had done and the way they had treated my personal items.Things were thrown all over the floors .A table had been knocked over and all the contents thrown all over the floor .

It was really distressing to see.I did not think it would of been any different than when I left it so I took both my children to help with the move. They were both distraught. My son who is disabled became very distressed as his bedroom had been moved around.For some reason his chair had been moved downstairs and his display of crystals tampered with.All in my opinion totally unnecessary.

Loosing our home was upsetting enough but everything else that has happened/is going on is making matters worse.

N

[Ell-enn]

I think you should take all your evidence to let a solicitor look at it - you can get a free 1 hour advice session at most law firms. Ring round a few of your local firms and see if you can get one of those appointments.

[NC nohare]

Ok.I will do thanks for your help.

N

[Ell-enn]

Let us know what the solicitor says and if there's anything we can assist with we will do.

[NC nohare]

Thank you. I will do.

I will get on to it asap.

Regards

N

[liquidauctions]

Regarding the balance of 55k, If the mortgage has been cleared they may possibly return that because I know if they sell a house and it doesnt cover the mortgage amount then they bill you for the balance.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.