Father in a pickle

RAS

Thanks AMEs

Had missed that. Will edit.

fatbelly

And for legal help, his share of the equity in property must be less than 100k and available income (after housing costs) less than about £650 per month.

That's a very rough explanation - I just thought I should point out that owning property doesn't necessarily disqualify you from legal help.

nads75

Thankyou to all that replied.

I did the land registry search and they are both named on the mortgage, but the loan is only in my fathers name. He said he signed one agreement for £8000 for the grant rebuild and conservatory they had added. But has no idea about all the others (im starting to wonder if he did just sign what was put in front of him?). I cant beleive the remorgage company (Picture Loans) gave him a loan for £94 grand on a salary of £1000 a month at the age of 57?? She must have signed up initially then had herself taken off?
The house is now in negative equity with a loan of £94,000 against it as house prices have fallen so much since 2006. She has said to me that she is not selling the house as it is her family home and is in negative equity, but looking at the letters from the company i think it will be repossessed? I dont understand how she doesnt realise this. My dads debts alone will wipe out the house, and ive no idea what she is owing on her own? My dad said she has catalouges, more credit cards, shopper check (ive googled that and it unbeleiveable interest rates!!!) etc.
He called up to the house and a few items such as televisions have been given away and he was asked if he wanted to take anything, but she was just ripping up all the unopened mail into a sack. (there is that much!).

He did get one phone call to his mobile while she was away on holiday (the house phone is now disconnected, she said a line fault but i checked and there is no fault, so im assuming they were either cut off or she pulled the plug) someone asking for him and the £900 owing, but he said "oh my wife deals with all the finances and she is away at the moment!" There must be people calling to the house for money too??

She did have a laptop but obviously with no phone she is now going to her brothers to get online.

The police came up but pretty much said "its a domestic"! they said he needs a soliciter to sort it all out and then if they need to get involved they will at a later date, (i.e they dont want to do the ground work!)

Sorry i said leaving the country becasue we think she may well have a property in spain? She boasted once to my sister in law that she now owns an apartment in palma and she paid £94 grand in cash (odd that amount matches my fathers debt?) But my dad said she just pretended she had things to other people and that she only stayed at the apartment and didnt own it. So we dont know about that one yet.

Housing have said they need to see the title deeds and if my dad is an owner this will affect his claim, if he is in negative equity then it may help, so we have an appointment next week for that.

I also have a soliciter booked for the end of the month regarding the fraud and she said she will take him on with legal aid as he is claiming job seekers allowance. He has been diagnosed with Emphysema and is not fit for work so i will be helping with the benefits available which is a minefield (esp. if he owns a house!)

Each day brings a new challenge! lol

SarahNeedle1872

Nads, I really feel for you and your father in this situation. I cannot give you any practical advice that you haven't already had, but just wanted to show moral support and wish you and your father all the best

Sarah x

nads75

Latest today is that my father called round to talk to her but she was visiting her mother (who is very ill in hospital) so she chucked him out and he pretended to leave, only to go back after she had left and found she had changed all the locks!
I know she has warned me off etc. but ive only tried to help my dad up to now but im a bit worried about what she plans to do? Im not a malicious person, ive my own family to think of but i feel she thinks i am.

She appears to have realised that the house is going, but she still told my dad she was selling it next week! (doesnt she realise he too has to sign that?)

Im starting to wonder what ive got myself into?

Rikki

nads75 wrote: »

Latest today is that my father called round to talk to her but she was visiting her mother (who is very ill in hospital) so she chucked him out and he pretended to leave, only to go back after she had left and found she had changed all the locks!
I know she has warned me off etc. but ive only tried to help my dad up to now but im a bit worried about what she plans to do? Im not a malicious person, ive my own family to think of but i feel she thinks i am.

She appears to have realised that the house is going, but she still told my dad she was selling it next week! (doesnt she realise he too has to sign that?)

Im starting to wonder what ive got myself into?

Its not what you've got yourself into, its your Dads problem you have taken on because your his son and you would do whats right by him without question.

She seems to have been so underhand with your father and if you were not there to help she would be getting away with it too. It may be hassle, hard work and frustrating but if you can stop the worse happening you should.

Why are there such wicked people out there?

Hardup_Hester

Sorry to hear about all your Dad's problems, but just to tell you that I was offered a £174k 25 year mortgage at 54 & on a £12k income by Halifax & Abbey, so it is feasible that your Dad was given the loan

Jesthar

nads75 wrote: »

I know she has warned me off etc. but ive only tried to help my dad up to now but im a bit worried about what she plans to do? Im not a malicious person, ive my own family to think of but i feel she thinks i am.

It's not you, honey - it's her. It's fairly clear from what she has been doing that unfortunately she is a malicious and manipulative person, and psychologically speaking the faults someone will 'see' most clearly in other people are those flaws they have themselves - whether or not the other person has those traits or not. This is especially true when a person is under stress and pressure, and even more so when they feel threatened, so it's not unsurprising she's reacting that way and thinks everyone is out to 'get' her.

nads75 wrote: »

Im starting to wonder what ive got myself into?

*hugs* Wish I could tell you it's not going to be a bumpy ride (even 'amicable' family problems are not much fun, in my personal experience), but please remember - if you need help or advice, or just to vent - we'll be here.

~Jes

RosaBernicia

Hi nads75

Just more hugs as didn't want to read n'run... hoping things all work out for you and your dad

Rosa x

RAS

nads

If she has changed the locks and the house is ion your father's name, then she is breaking the law. She has to give him a set of the keys.

regardng the rest of this.

What is the betting that a £8,000 loan had a zero or 4 added?

At this stage what you need to do is a Subject Access Request on the mortgage. Get someone at NDL to check over this suggestion.


[insert your name
and address]

[insert date]

[insert name and
address of bank]

Dear Sir or Madam,

Account number: [insert account number]

I am writing to request a fully comprehensive list of all documents, charges, and correspondence relating to this account over the last six years.

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

I look forward to your response within 40 days, as [insert name of bank]is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.
Yours faithfully,

[insert your signature]

[insert your name (printed)]



With respect to the other accounts, I would suggest that you make a CCA request on all of the cards, laons and catalogues, with a note to any that are still live to the effect that all further debits must have both signatures.

You do need to make the request formally though.

Please have a read through this link.

Link: Factsheet | Getting a copy of your credit agreement, account details and a statement of account.

You must send the fee of £1 with the letter. If your creditor does not send you a copy of your agreement, or statement of account, within 12 working days, then they are not allowed to take further action against you to enforce the agreement until they do so. Do not let him sign the letter, just write his name or sign on his behalf.

This will provide you with the documentation that you need to get the police involved.

I also think your dad needs to write to the mortgage company and at least advise them that he is not living at the house as she has locked him out, is not in receipt of recent corespondence as she is denying him access and is seeking legal advice.

Finally, just in case, get him to write or re-write his will. I know one instance when a divorce was nisi and one week before it became absolute the husband died. His old will leaving everything to his nearly ex-wife was valid.