DESPERATE, NEED ADvICE ASAP

KINGOFLONDON

HI
can anyone advise me please?
I took a loan out back in (about 2006) with black horse finance.
I havent been paying it due to being unemployed, but now they have aplied for an intrim, and i have recieved a a letter from Land registry B136(co)
Saying that the want to put a restriciton on my property/land.
The only thing is that this property is owned by myself and my wife (both our names are on the mortgage) BUT the loan is only on my name. Can they still do this?
I have to write to the land registry by the 20 th March to oppose this, but what can I write? SOMEONE PLEASE HELP
KIND Regards
rida

Bromley86

There's no point in asking here. You need to see a solicitor (assuming this is that "deposit" on your house purchase).

By all means go to the CAB first, but you will end up having to pay for a solicitor on this one. This week.

cheeko830

I am having the same problem.
In 1999 my wife wanted to divorce me so I moved out of the marital home. Later that year I purchase a new house in my soul name. I can prove that my wife was still in the process of divorcing me and I purchased it using a 95% mortgage & borrowed the rest. The following couple of years we decided to give the marriage another chance. She sold the old property & moved into my new home. Early in 2008 she moved out and now wants another divorce but no divorce proceedings have yet begun. She has also just put in an application to register a restriction on the property stating that the property was bought using matrimonial funds(which it wasn’t) and that the property was purchased in my sole name due to her already having a property in her name.

The question I would like to know is, is it worth me objecting to the restriction?

epsilondraconis

cheeko830 wrote: »

I am having the same problem.
In 1999 my wife wanted to divorce me so I moved out of the marital home. Later that year I purchase a new house in my soul name. I can prove that my wife was still in the process of divorcing me and I purchased it using a 95% mortgage & borrowed the rest. The following couple of years we decided to give the marriage another chance. She sold the old property & moved into my new home. Early in 2008 she moved out and now wants another divorce but no divorce proceedings have yet begun. She has also just put in an application to register a restriction on the property stating that the property was bought using matrimonial funds(which it wasn’t) and that the property was purchased in my sole name due to her already having a property in her name.

The question I would like to know is, is it worth me objecting to the restriction?

This seems like another question for a solicitor. You can go through all of your figures with a solicitor and prove / disprove their claim. Without having those figures, I don't believe it will be possible to make a determination one way or the other.

Good luck.

HelpWhereIcan

KINGOFLONDON wrote: »

HI
can anyone advise me please?
I took a loan out back in (about 2006) with black horse finance.
I havent been paying it due to being unemployed, but now they have aplied for an intrim,

without wanting to be unkind (or state the obvious) you have to understand and accept just how important the highlighted section is in all of this

KINGOFLONDON wrote: »

and i have recieved a a letter from Land registry B136(co)
Saying that the want to put a restriciton on my property/land.

as you seem to be aware they can do this.

KINGOFLONDON wrote: »

The only thing is that this property is owned by myself and my wife (both our names are on the mortgage) BUT the loan is only on my name. Can they still do this?

Yes, but they can normally only access your share of the equity (with the caveat that I believe there are some instances where this does not have to be the case with married couples- along the deprivation of assets/funds lines).

It is generally a last resort from the lender and they would normally have obtained a CCJ and been unsuccessful in their attempts to enforce it through attachment of earnings/seizure of goods etc and is sometimes a sign that they are concerned you are planning on bankruptcy (or are planning to apply to make you bankrupt) and looking to do what they can to get first dibs on your assets should this happen.

KINGOFLONDON wrote: »

I have to write to the land registry by the 20 th March to oppose this, but what can I write? SOMEONE PLEASE HELP
KIND Regards
rida

As I understand it, you can only contest it on the basis that you do not owe the money (see highlighted line).

A solicitor may be able to advise you whether there is a procedural reason why they can't but as the lender has to apply to a court for the charging order they will generally have proven beyond doubt that the debt is owed and you have not been willing/able to arrange to repay it.

I would generally forget the CAB and look to have an informal/initial free meeting with a solicitor if you feel there is a reason they should not beable to do this.

Good Luck

HelpWhereIcan

cheeko830 wrote: »

I am having the same problem.
In 1999 my wife wanted to divorce me so I moved out of the marital home. Later that year I purchase a new house in my soul name. I can prove that my wife was still in the process of divorcing me and I purchased it using a 95% mortgage & borrowed the rest.

unfortunately I believe that makes very little difference as

cheeko830 wrote: »

The following couple of years we decided to give the marriage another chance. She sold the old property & moved into my new home.

cheeko830 wrote: »

Early in 2008 she moved out and now wants another divorce but no divorce proceedings have yet begun. She has also just put in an application to register a restriction on the property stating that the property was bought using matrimonial funds(which it wasn’t) and that the property was purchased in my sole name due to her already having a property in her name.

what happened to the funds from the sale of the former home?

did she pay anything towards the bills, the household, the upkeep or mortgage?

over 9 years her contribution to the household almost certainly entitles her to claim part ownership - morally as well as legally

that is what she will mean by marital funds.

Without a deed of trust, tenancy agreement or some other legal agreement why would a court not agree that she contributed financially to the mortgage and your ability to run the house (especially if you remortgaged in the interim)

cheeko830 wrote: »

The question I would like to know is, is it worth me objecting to the restriction?

Yes, but only through your solicitor dealing with your divorce and only to ensure that it is done equitably.

To do it to ensure she gets nothing is something you could aim for (if you wish) but you have to be prepared for the court to disagree wholeheartedly with you.

A client of mine had to pay £48000 last year to his ex in a similar position.

snaglepuss

Can i fill in my SOA and just turn up at Court?? If not what do i do,, am really struggling and dont know what to do, hellllllp pleeeeease.

twitime

I recently reclaimed my PPI from the above which was £3740.33 and was successful this was in March this year. I owed them £2016.52. They put into my account £1723.81 and the rest they put towards the loan, which would of settled the loan. In May this year I received a claim form from lloyds solicitors taking me to court requesting £2016.52 from me. I explained to them that lloyds tsb had closed the case, but as they were not informed by lloyds they are proceeding. can they do this? is it my duty to inform them? as i have not had a statement since january 2010, so there is no way i can check. Please help someone.:j