can someone please help explain this I can't find any answers

gwenmoon

I have been divorced now for 4 years and split from my ex for 6 years. I left our home with nothing we have to boys who where 16 at the time and stayed with my ex for a while then one came to live with me before getting in relationship and moving out. after a five year battle to get my debts under control and a lengthy court battle which cost me thousands, i got my ex to agree to pay the only debt that was left a joint loan . He agreed on a court consent order to pay it . Recently I applied for a loan and got refused. So I got a credit report with my horror found out that he had not being paying the agreed loan and because my name is still on it they are asking me for the money . I also found out he has a charging order attached to the house for money he owns . The courts agreed to a forty sixty split in his favor and i got or should have got 7,400 of his pension but it was taken in legal fees as he wouldn't agree to anything and dragged it out for years costing all of it . He says he selling the house now , but i cannot find out anything about this charging order and can he have had this attached to our house without my consent. I have been told no they would have had to ask for my permission to do this as my name is on mortgage is this right or not . The information on this is very thin on the ground . As for the joint loan I went to the bank to offer to pay it off to get my credit rating sorted as the rest of my credit report is exceptional except for this joint loan. the bank said it was a legal matter and where not getting involved. But if he continued to miss the payment they would pursue me for it , its bonkers i offered to pay it but they would sort it they said go to a solicitor i told them i had and showed them the consent order. Basically they said that wasn't worth the paper its written on , funny i thought it was a legal and binding document . the only thing i can do is get experian to do a noc on my credit file until he pays it off, but its not fair. Can anyone explain this and is there anything i can do. I went back to my solicitor but they won't grant me legal aid even though i paid the last lot in full. They said the consent order already sorted and I have to wait for house to be sold . Brick walls a big thing in my life at the moment no wonder debt a major problem in this country.

GeorgeUK

Really not sure what you can do but i would advise contacting Citizens advice and hopefully their legal department can help. I would have thought that as the court had agreed that your husband would pay the joint loan that it could be transferred into soley his name.

It might be worth contacting nationaldebtline with regards the charging order to see where you stand and if you should have been consulted or made aware that the order was being made against the house. It may be that as the court had agreed to a 60:40 split that the charging order can only be made against his portion of the house.

Really no idea, but hopefully these organsisations will be able to advise. We might get some more people commenting in the morning.

OliveOyl_2

Wow, a lot of things didn't work out here did they?

The bank are right in a way that the charging order is not worth the paper it's written on, in that they can''t *make* someone pay just because there is a court order saying so Yes they are disobeying a court order, but

As to the charging order, I know to my cost that one name of the two on a mortgage is sufficient to increase the mortgage/secure against a loan. So that unless what is left is more than your share, he has effectively taken more. I don't know why your solicitor didn't put a charging order on the property for your share first but then I haven't heard of anyone doing that despite this not uncommon tactic.

Definitely get a note on your credit file re that loan. It may not sound much, but it is effective.

And push for the house sale, really push. There is no reason that he should still have this financial hold over you.

Good luck.