Huge Debts and CSA

dalip

Morn Only just read this thread.

First it is rare for creditors to make you bc,the only ones that tend to are HMRC and CT so you may be in for a long wait.

Secondly the court order says you will go to prison if you do not pay the mortgage. That may be so in the normal day to day of things but you may well find the rules change if you go bc.

Have you posted a full account of what debts you have and their payments and your present income. It might help us to see the way forward for you.

purpleplumb

This was the reply I got back through my solicitors colleague who deals with bankruptcy etc.


I don't see that his bankruptcy would release him from the undertaking to the court to pay the mortgage instalments until sale. It may be that the trustee in bankruptcy would consider trying to upset the capital elements of the matrimonial order if it was considered that that was too one-sided and effectively constituted a disposal of his share in the property at an undervalue, but that wouldn't assist your client, only his creditors and the law on the point is in limbo at present pending a decision of the CA which may come out towards the end of this year

Followed by my solicitor stating to me that if I do not pay, that I could result in going to prison even if I do got bc...

dalip

Right can i get this straight for my own peace of mind and that of other posters.

1.The house and mortgage are in your name.
2.The court awarded your wife 2k of the sale of the house and you 50k yes?
3.Is the house up for sale now?


From the bit you have just posted it would seem that the solicitor is saying if you went bc,the trustee of your bc would sell the house at undervalue(which they usually do)in order to pay your creditors. He says this will be no benefit to you,but it would, as you would no longer have any debts and would not be making the mortgage payments. How the hell they can put you in prison for not paying the mortgage when in reality you are bc is beyond me.

I would seriously start to doubt if your solicitor is working in your best interests or his own!

D

purpleplumb

Correct the house and mortgage is in my sole name.

The court awarded, the ex £200,000.00 and I £50,000.00

Yes the house is on the market now, has been since April, but due to the ex not fully co operating, the particulars have no internal photos as she left the house in a mess and they couldn't take any. Always not available when there are viewings, will not give keys to estate agents and keep taking the for sale board down. So far it has had no viewings... Yes I could take her back to court for her behaviour, but again it is all down to money and costs.

This is a note from another email from my solicitor...

If you do not pay the mortgage, I am not entirely sure how Mrs XXXXX will seek to enforce the undertaking. Obviously an undertaking is a promise to the Court and breach of it is contempt of Court and is punishable by imprisonment. Although obviously, you have indicated that you are not returning to this country for some years to come then there is clearly a risk to that course of action.

I was hoping going BR would get me out of it and the CSA payments, seems that none helps me out either way of getting out paying them.... My only option is to hand over a 400,000.00k plus house to her. But why should I, after what she has done to me over the last three years or so. Pure evil woman and using my children at every opportunity. Why should she come out on top.?

shadowdragon

My take is

Your in another country, Is it an EU one? does it have extradition witht he UK, if its not then what can they do, Im sure they aint going to extradite you from another country because you declared BC.

Also and put me right if i read this wrong, if you declare BC the house becomes under the control of the OR, and when the OR has it they will sell it, and if the Court order has 200k for her and 50k for you surely the OR would have to honour that and pay your ext her share??

Again Im no expert and happy for someone to correct me.

dalip

To help us a bit more could you list your income and debts. Also how much your mortgage is and your csa payments are, as i cannot understand why your solictor is saying let your creditors make you bc and then saying if you are bc you may go to prison for not paying the mortgage D

shadowdragon

dalip wrote: »

To help us a bit more could you list your income and debts. Also how much your mortgage is and your csa payments are, as i cannot understand why your solictor is saying let your creditors make you bc and then saying if you are bc you may go to prison for not paying the mortgage D

I think they are saying its a prisonable offence not to keep to the agreement made with the courts, by not paying the mortgage it is breaking that agreement and COULD BE deemed an offence that carries a prison sentence. But seems very strange to me, if your insolvent your insolvent, what else can he do, I agree it shouldnt make any difference if he declares BC or a creditor does it.

purpleplumb

yes I do live out of the EU, but I would like to come back and see my kids a couple of times a year....

Debts,

27K - Amex
25K -

purpleplumb

yes I do live outside the EU but I would like to return back to the UK a couple of times a year to see my kids...

Debts..

27K - Amex
25K - Loan
5k - Barclaycard
13k - Joint Account which is now frozen

All these are having massive amounts of interest being charged to them monthly.

I have also had to pay back 5k to the Child Tax Credit people as she had the form filled out in my name and falsely declared incorrect information, who did they come running to me... As it was in my name, little did I know this claim had been going on for 3 years and I knew nothing about. I had to pay it or else at that time, would of got my employers involved.

My monthly mortgage is 870.00 a month.

The CSA payments are at a reduced amount due to me paying the mortgage, I currently pay 470 a month.

My salary is 2k take home.

I have my new partner living with me and her son, she does not work and does not claim CSA payments from her ex husband. In fact there divorce and situation is very amicable.

shadowdragon

purpleplumb wrote: »

yes I do live outside the EU but I would like to return back to the UK a couple of times a year to see my kids...

Debts..

27K - Amex
25K - Loan
5k - Barclaycard
13k - Joint Account which is now frozen

All these are having massive amounts of interest being charged to them monthly.

I have also had to pay back 5k to the Child Tax Credit people as she had the form filled out in my name and falsely declared incorrect information, who did they come running to me... As it was in my name, little did I know this claim had been going on for 3 years and I knew nothing about. I had to pay it or else at that time, would of got my employers involved.

My monthly mortgage is 870.00 a month.

The CSA payments are at a reduced amount due to me paying the mortgage, I currently pay 470 a month.

My salary is 2k take home.

I have my new partner living with me and her son, she does not work and does not claim CSA payments from her ex husband. In fact there divorce and situation is very amicable.

Looks like you could be insolvent the problem seems to be the equity in your property. I would give one of the debt charities a ring, they are impartial, and also would give you a second opinion to compliment the solicitor.