Hi
My husband and I esch too out a PTD last January. As part of it, we agreed to pay £500 each to cover the equity in our home (judged as around £3k from a valuation). We submitted a mortgage redemption statement at the time - showed a figure of £191k.
Out the blue today we received a letter stating they got a redemtion statement last February (which due to an admin error, was placed in our file..) and showed the redemption figure as £187k. they are therefore saying we need to pay the available equity of £7,616 for creditors!
Having looked at our mortgage statement, the £191k figures includes an early repayment amount of nearly £4k - therefore totalling what was originally supplied. The £187k is the actual mortgage amount outstanding. I am sure at the time we were told a redemption figure could and should include this.
My questions are;-
- as we signed the PTD showing the equity figutes and stating £500 each would discharge the trustee's interest, how can they still come back and demand extra like this?
- how come suddenly we would have to pay the full amount - ie initially £500 each was enough to discharge the £3k equity - but now they want the full £3k plus what they believe is the additional £4k 'equity'?
We are obviously going back to them on the basis that we believe their figures are incorrect as above, and so I hope this is all an error.
However it concerns me that they would do this - I'm a week overdue wth our baby and the letter really upset me. Also, we have absolutely no means of getting £7k - so what would we be expected to do? Would we have an recourse over the way this has been handled?
Thanks in advance for any help.
Hi Bexter
On the face of it, the redemption should be calculated as at the date of signing and therefore inclusive of the early settlement. If you provided this information and the Trustee had a valuation and offered the £500, then I don't see they have a strong case to argue otherwise.
It is the reason why I advise that the position re equity is absolutely clarified with no ifs or buts.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Hi Bexter,
We would calculate the redemption figure to include the early repayment charge and this should always be done at the outset prior to signing into a Trust Deed.
Did you provide them with a redemption figure for £191k which they then mis-placed and couldn't be found on your file? I'm not sure I understand why they have requested an up to date figure.
Is it confirmed on any of the paperwork that you have from them that they have verified the balance to the secured lender?
If in the event that they insist upon the equity being paid over, you may be able to come to an agreement to extend your payments at the end of your Trust Deed to pay this sum over.
Chris is not currently posting in the Trust-Deed.co.uk forum.
Hi
Thanks for your responses - it turned out that they do indeed seem to have misplaced the original valuation. Now that I have supplied it - showing the ERC, which brings the total redemption figure to £191k, thety have apologised and confirmed that there is no additional equity to pay.
Phew. Thanks again.
Bexter
Hi Bexter
Excellent news.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Hi Bexter,
That's good news and lucky that you kept a copy of the redemption figure from the outset.
Chris is not currently posting in the Trust-Deed.co.uk forum.