when is a payment not a payment ?

pinalta · 2012-02-26T18:30:24Z

Agreed with my trustee of a final sum of £15.000 to be paid as the final amount. Acting on that I paid £3000 straight away and was hoping to get a deal with the Halifax based on the trustees valuation of the house. Trustee valued the house at £170000 , Halifax said it was worth £160000 , £10000 less. Sent a copy of the valuation to the trustee stating the difference and also informed him that the most recent sale of a similar property in my street was £165000 which was still £5000 less than his valuation. In the statement of affairs the value was £130000 until I tried to close the deed. I was told since the house went up in value there was more equity hence the amount that the trustee was looking to get out the house. I can find no paper work agreeing to having the house re valued when trying to pay of the deed. Have since been informed I could have fixed the value of the house at the start of the deed, again I was not offered or informed about the option by the trustee. Was told that the assistant would contact the trustee with the information from the Halifax. Nothing was forthcoming from him and over a year has passed. Then on the 30/12/2011 Sheriff officers banged on my door at 7.15 am and handed me a schedule of inhabition. Then recived a letter from the trustee's solicitor stating if I did not pay the £15000 then he would look to get the £31000 ( the full amount)I engaged my own solicitor who stated that I paid £3000 which they did not take into account , plus the letter from the trustee did not give a time limit.Also got a letter from a firm dealing with PPI claims stating that if I did not claim on my loans etc , the trustee would not discharge me.£7000 was claimed back.I was under the midset that since I already paid £3000 and £7000 was claimed in PPI repayment that I had £5000 to pay so made a proposal to pay the £5000 trustee said the £3000 was to be a different asset , even though I clearly stated that this payment was to go towards paying off the £15000, the £7000in PPI payment was also deemed a seperate asset. So I still owe £15000 , Why cant the money raised go towards a final payment ? I can raise the other £5000 outstanding and this would be enough funds to pay the agreed amount. This deed has been going on for nearly 6 years and this final blow has badly affected my health due to the stress of it all.If I cant work due to stress caused by this how can I pay my bills ?.Trustee also said that there was an alienation when I transfered half the property to my wife, I asked him for the proof of his statement but was ignored by him. It's my understanding that at the date of the transfer my assets where more than my debts and I have my credit report for the period to back this up.To sum up I can raise the sum agreed if the trustee accepts the £3000 I paid plus the £7000 from PPI and the £5000 which I can raise surely it's in the interest of my creditor (all debts bought by max recovery)to get the money outstanding now rather than to let things drag on.If agreement cant be reached then I would seek to establish that I was solvent at the time of the transfer.I do not know how long this would take plus the expense of solicitors fees, I add the fees paid to my solicitor to defend against the trustees position could have also been paid into the deed. Looking forward to you advice and comments.

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pinalta

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Topic starter 09/03/2012 9:14 am

Mark , deserves full credit for his efforts he moved me forward more quickly in the time we spoke, than my trustee has done for 6 years ! you can't buy karma.

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