Hello People
Really hoping someone will be able to clarify the rather unfortunate situation I am in and have been in for over a decade?
In April 2008 - The Halifax gained a possession order for my property - I was ordered to repay the sum of £250k - This I obviously could not do and do the house was sold at auction by the Halifax. Despite it having been valued at £290k and a mortgage given of £242k, they put a guide price on it of £120k and sold it at auction in London (when the house was in Yorkshire) From what I can gather, there was one interested party who bought the property for the guide price.
Since then, I have been chased for the outstanding £140k
I have queried this and argued the toss about the ethics of it all but to no avail.
I have been told that because they obtained a money judgement, the limitation act does not apply. Surely this would be the case with all re-possessions though?
Does that mean I am liable forever? I will never ever be rid of this cloud hanging over me? - Even criminals have their crimes 'spent' after a certain length of time
They managed to get a charging order on a property that I already jointly owned (by sending all court papers to the re-possessed address where obviously I didn't live) when I came to sell this property, I was told the only obligation I had was to inform the original mortgage lender of the sale, my solicitor did this by writing to the Halifax, but they never responded (There was only £7k equity in the property by the way, of which I was liable to give them 3.5k I understand)
So basically, will this ever be statute barred, and if so, is that 12 years from the date of the possession order or the date when I first defaulted on the mortgage.
Please, please can someone help clarify things for me?
Thank you
Really hoping someone will be able to clarify the rather unfortunate situation I am in and have been in for over a decade?
In April 2008 - The Halifax gained a possession order for my property - I was ordered to repay the sum of £250k - This I obviously could not do and do the house was sold at auction by the Halifax. Despite it having been valued at £290k and a mortgage given of £242k, they put a guide price on it of £120k and sold it at auction in London (when the house was in Yorkshire) From what I can gather, there was one interested party who bought the property for the guide price.
Since then, I have been chased for the outstanding £140k
I have queried this and argued the toss about the ethics of it all but to no avail.
I have been told that because they obtained a money judgement, the limitation act does not apply. Surely this would be the case with all re-possessions though?
Does that mean I am liable forever? I will never ever be rid of this cloud hanging over me? - Even criminals have their crimes 'spent' after a certain length of time
They managed to get a charging order on a property that I already jointly owned (by sending all court papers to the re-possessed address where obviously I didn't live) when I came to sell this property, I was told the only obligation I had was to inform the original mortgage lender of the sale, my solicitor did this by writing to the Halifax, but they never responded (There was only £7k equity in the property by the way, of which I was liable to give them 3.5k I understand)
So basically, will this ever be statute barred, and if so, is that 12 years from the date of the possession order or the date when I first defaulted on the mortgage.
Please, please can someone help clarify things for me?
Thank you
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