advice needed urgently re deferred Hips payment

mackemprincess

How to start off this convo.....My ex and i put our house on the market back in April last year. My ex is going totally out of his way to ensure the house is not sold and that I won't get anything from it. When the house went on the market I sorted the (rip off total money making scheme by the government) HIPS out so the thing was solely in my name and the price of it was £468.82 i couldn't afford to pay that so I deferred payment for 10 months or until the house was sold (yes was hopin house would have been sold and that the cost would have come from any profits).

In the meantime me and my(our) 2 kids are now renting property else where after being locked out of the house by my ex. The Hips people have alledgedly sent me letters in both December and January but to the house where my ex is and i have not been passed these letters or anything (probs along with a load of other post - sure this is illegal).

Now I have just had the Hips people on the phone threatening to send debt collection agencies after me because I can't afford to pay the £468.82 fee along with added other costs (why add costs to folks who can't afford to pay in 1st place...that don't make sense in my opinion - i have never been able to understand why companies do this). Also I don't believe that I should be paying this fee all on my own surely my ex should be forking out half or more even since he is the one going out of his way to ensure the house won't be sold ?

I'm already providing for my children all by myself as he refuses to pay maintenance and also paying council tax on my current rented property and also paying arrears council tax on the old property by myself because when i moved out i refused to pay any more as i had been paying it for nearly 2 years on my own (after the ex decided it would be good idea to stop direct debits and not tell me so arrears mounted up). When the council tax people phoned me up to say it needed paying i said well what if i don't pay it as it should be both but she said it would go to the employer he is self employed so basically she said i would be fall guy and it would all be on me! I simply just can't afford to pull out £500 for this pack....has anyone got any ideas what i can do ??? The HIPS people did ask for my new address but I wasn't prepared to give them that at the minute until I knew how to tackle the issue So I have to ring them back today before they send debt agency after me.

I feel like my world is caving in all around me and all these vultures just want apart of me until im dead and buried basically all i want to do is provide for my children and everyone seems to want my children to suffer. Sorry for ranting on but i seriously need some advice here.

I have got a solicitor but at the minute things are at a halt because we trying to get legal aid for me which is not looking convincing either. Also the last 10 months i was living with my ex I was the only one contributing anything financially to the property whilst he went out drinking everynight bringing in take aways each night. I was also forced to sleep in the bed with my 3 year old son. Life just seems totally unfair.

mackemprincess

Just wondering if I was too offer a monthly sum towards it till things get sorted out are they at liberty to accept this ?? Or where would i Stand ?

MX5huggy

They can accept what they like but will they, unlikley.

Unfortantly you agreed to a contract and they can hold you to it your ex is not a party to this contract so can't be chased for the fee. If you ended up in court for non payment a judge might set a weekly/monthy sum to be paid.

You seem to have loads problems kids, ex not paying, council tax etc etc here and I think you need some solid advice maybe CAB.

poppysarah

Who's paying the mortgage? If it's you - get him kicked out and get living there.

Debt_Free_Chick

The cost of the HIP is a cost of selling the property, so is to be borne by you jointly.

But that doesn't address the issue completely, as each of you can pay certain costs and have this addressed in the split of the equity.

I think this is a matter of contract .... did you instruct the HIP provider? If so, then you are - in law - responsible for the cost. You may recover your ex's share via the split of equity, but that's a separate matter.

If you contracted with the HIP provider, then their only recourse is to you as their client.

david29dpo

Sorry to say but the above is correct.

poppy10_2

You need to get a solicitor - you may be entitled to legal aid for this.