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Help we are so stuck and need advice please! Cant stop crying!

(29 Posts)
HalloweenDuck Tue 21-May-13 12:00:10

Ok, we live in a small 3 bed detached house. We have a huge drive ( enough for 5 cars) out the front. Our next door neighbours live right on the road and have no parking. We agreed to sell a strip of our land ( out the front of our house and to the side of theirs) We agreed £10k for this and they pay our legal fees. We approached our solicitors and they theirs and we started moving forward. We however had to get permission from our mortgage company, which turned into a bigger deal than anyone thought and we had reports done etc etc. We were pushing to get it done as we were due to go on holiday for 3 weeks. Eventually mortgage company gave go ahead with conditions. So we informed neighbours and started sorting out paperwork. On the letter mortgage company sent they said about what they could be entitled to take as part of the payment and we rung them up to discuss what this was exactly. We were told by a male employee that it would be our arrears ( a few grand from 2 years ago when my father in law died and my partner couldn't pay for a while) We agreed with this and double checked no other costs. Bloke 100% guaranteed.

We went ahead and signed exchange contracts and it was going to complete sale when we were on holiday. We agreed with neighbours that it made sense for them to park on our drive and do the building of the wall/ fence while we were away. Before we went away we spray painted the area and everyone was happy. Our neighbours also gave us £4k deposit, this was used to fix our car, pay off a bill in my husbands company and give us some spending money.

On the friday before we went away on the sunday, I walked into my house at 5pm to a letter from mortgage company saying they wanted the whole £10k! We tried ringing them but shut, I just managed to get hold off solicitors. They said must be a mistake and go on holiday they would sort it.

Well over the course of the holiday with a lot of emailing and chasing going on we were basically told that no, that was correct and they mortgage company want all £10k! Obviously we have spent £4k of it!

We have complained and explained that we went ahead as a member of their staff told us just the arrears. Our neighbours have built the wall etc and are now getting abit cross at the stress/ wait of it all.

We legally have to be completing tomorrow and my husband has just received a call from mortgage company saying " oh well, that bloke was not meant to say that to you, was not allowed to, and basically it is down to the under writers, they say they don't care and still want the £10k!"

We are so stuck and do not know what to do. I lost my job 2 months ago and we have not paid the mortgage for the last 2 months as was planning on it coming out of the £6k! We will be in breach of contract tomorrow with our neighbours, who have already done the building work and all because this bloke told us all will be ok.

We have asked to listen to a copy of the call but mortgage company have said it will not make any difference! We are now looking at having to take out a£5k loan and I have no credit history and my husbands is in tatters, not even sure if he will get one or not!.

We have no idea where to go and I am so so worried. To make it worse I have my ds in and out of hospital as not very well.

Any help or advice please as I can not stop crying and do not know where to go what to do!

HalloweenDuck Tue 21-May-13 16:22:57

ok replies to latest questions.

We exchanged with the figure of 2.5k arrears being paid. They then sent letter saying more after exchanging.

Solicitor never advised not spending money etc. obviously we have not told bank or Ireland about car etc, I was telling people why we spent it on here when people questioned.

LIZ- I am so sorry but I am either really thick or very jetlagged and bogged down with sick child, but what your saying is not very clear to me? We used these solicitors when we got mortgage 8 years ago? Everything is being done above board as it should be them (or so I believe we are not legal minded at all and put 100% faith into them)

HalloweenDuck Tue 21-May-13 16:24:42

Thanks Rhurbarb x

CajaDeLaMemoria Tue 21-May-13 16:25:02

Sounds like a plan.

Do you know if the mortgage company has recorded the arrears on your credit files?

If they haven't yet, you may be able to get a loan quickly before they appear. If they have, you might struggle. Keep an eye on interest rates etc, so that they aren't huge.

Then complain, with a copy of the letter they sent, and explain everything. It's all you can do, really.

I'll bet that Flibberty is right with regards to why they are claiming that money, but there seems to have been a big error with relaying this information to you.

SolomanDaisy Tue 21-May-13 17:41:37

I understand why you have made the plan you have, but have you made any initial enquiries about a loan? You already have a poor credit record and your record will show 2 months mortgage payments missed. You have recently lost your job. TBH your chances of getting a loan must be close to zero, don't commit to anything which relies on you being able to do this. Do you have anything you can sell to cover the gap? How much is the car worth?

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