Finally....

Merch_boy

Hi all,

Ok, here goes.....
I left my wife nearly a year ago. Reasons being unacceptable behaviour, abuse, getting me into debt, the list is endless.
I had a flat before i met her, which i am renting out, and i am back with my mam. The rent i am getting is no where near the mortgage payments for the flat (which also has a secured loan on it). She is still in the home I bought when we were together, with her 3 boys. She is adamant she is NOT moving out. The mortgage is in my name only, it is a sub prime mortgage, as she got me into debt without me knowing it (got an Egg card out in my name, spent 5k and never paid a penny, passed onto Capquest who chased me for it....but now they have stopped taking DD out of my bank - why?...that was over a year ago), so it was the only mortgage i could get. This mortgage has now ended its fixed rate and has gone upto £861 per month.
She has agreed to pay £350 a month to me for 'rent', but she is still to pay a penny of it.
My solicitor is next to useless in all of this, as she says nothing can be done until my wife signs the divorce papers....which she is dragging her heels over.

My question (s), to anyone that can help are.....
1) - What would happen if i were to default on the marital home?

2) - if i did default, and in the future wanted to move, would my mortgage company for the flat (with whom i have had no problems, as it is a 'normal' mortgage) be willing to do business with me?

3) - is there any chance i could lose my flat to my wife?


There are so many questions in my head, but they will do...for now!



Any help / advice is GREATLY appreciated.


Thank you in advance

MB

Bismarck

hope help will be along soon.

bumping this for now.

take care.

Prudent

Is it possible to sell the flat just now?


Are they your sons? If not, their afther should making provision for their support, not you.

Merch_boy

The flat is up for sale at the moment, but no joy. It has a tenant in but they are moving out next month.
I have met someone new, and was hoping to move into my flat with her....can i do that?
No, they are not my sons, i dont have any. Their Fathers do nothing for them.
As i accepted she got me into debt through Egg, but i started talking and dealing with Capquest, can i get something done about it now, as my bad credit is ruining anything i apply for.

Thanks for replying.

Jesthar

Merch,

So sorry to hear about all this - how awful!

This isn't my specialist subject, but if your soon-to-be-ex-wife took out a credit card in your name without you knowing, I think that might constitute fraud? Not sure if anything can be done through that route, or how easy it would be to pursue...

The other thing which would be helpful (as someone else would have asked before long anyway ) is if you coud use this link http://www.makesenseofcards.com/soacalc.html to generate a Statement of Affairs (SOA) with as much detail as possible - the good people around here can then give more targetted advice.

~Jes

frazzmunch

hi merch boy....not sure if this will help but if you didn't sign anything for the egg card i would seriously consider asking for a subject access request (it costs £10) which means that they have to send you everything they hold on you....if this was taken out fraudulently then you should inform egg and they will investigate / pass to the police....you may not want to do this, but if i were in your position that is what i would do...

i can't see any reason that you can't move into the flat with your new gf...and i would speak to a different solicitor....you may be able to start proceedings to evict her...did you get the agreement for rent payable in writing from her? if so, once she is two months behind you are entitled under normal rules to serve her with a notice seeking possession...although with her being your wife i am uncertain whether this is possible so legal advice is essential....

good luck with it all...i hope it works out for you....

RAS

Merch

If you did not sign the credit card application and it was before April 2007, then you can request the signed Consumer |Credit Agreement. Unless it has your signature on it, then it is invalid and would be unenforceable in court.

You could them inform the credit reference agencies that the card was not obtained by you.

it might beworth checking your credit records anyway and making sure there is nothing else you do not knowabout. Also consider putting a CIFAS note on your file so that anyone setting up new accoutns in your name has to pass additiona security checks.

Do you have any other accounts with this "lady?"

peb

And just a quick one - has your wife registered a notice under the matrimonial Homes Act against either property? Your solicitor should advise if so/not.

Merch_boy

Hi again, thanks so much for your advice.
just reading it, makes me feel a bit better.

how would i go about getting a copy of the Consumer credit agreement?
It was before April 2007, how would i prove that it isnt my signature on it?
Doing this would get her into trouble yeah?...I have been thinking this over for ages now, and I think i will finally do it, I hate to get anyone into trouble, but i dont think she minded getting me into it. Will just have to switch off my phone and go hide somewhere when she finds out!

There has been nothing signed regarding the rent, she has said she will not sign anything.

PEB - yes, she has registered a notice on the house - it was one of the first things she did after i went.

I have no other accounts with her that i know of. i will check that out.

PEB, RAS, frazzmunch, jesthar, prudent and bismark, thanks so much for taking the time to reply/advise.

MB

halight

Sorry mate i dont have any advice for you...
But id just like to say good luck with this and good luck with the rest of your life.
You will get throuth this and come out the other side

frazzmunch

pro-forma for the cca letter.....


Dear Sir/Madam

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement and statement of account you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date 12+2) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully


hope this helps.....