Seeking advice....

QueensferryRoss

Just a bump for the daytime MSE's see if anyone can add to prev comments, about to give CAB a call and will post up info for anyone else who either is or gets into a similar situation.

One thing I should point out is that I am in Scotland and of course all credit agreements / legal charges (or standard security should I say) are under good old Scots Law.

angelflower_2

sorry, can I just check....her debt. Is this with the same company that you have the mortgage with? Is the debt secured against the property? Has the loan company applied for a charge order to turn unsecured into secured?

Proper mess this one and thinking of you! Have you tried CAB yet?

Have you actually both agreed to the assisted sale? My worry would be that the house will sell less than the debt outstanding and then you can both be held jointly liable? Only way I think you can be made liable for her debt is if it has been secured against the property either at the application stage (whether or not done with your knowledge) or if it has gone through the charge order process. Someone who knows more than me should no better tho

RAS

Hi

Is this Scottish law or eNGLAND AND wALES?

QueensferryRoss

Hi again all

This is a Scottish law case.

The mortgage company, who are also the ex's unsecured lender, have obtained a decree against her for around 26k and also an order preventing her from dealing in land or property without reference to the decree.

Her borrowing was taken out on an unsecured basis (personal loan & overdraft) after the mortgage was orignally taken out and I didnt not sign or agree to any security being used at any point.

It is becoming quite clear why the mortgage co is forcing me down the assisted sale route even though I am meeting the payments !

Feel I am being treated unfairly and speaking to CAB this afternoon.

What makes it all worse is that I am a bank manager to trade and I know for a fact they cant regard this as a secured loan but I wonder if the court order changes things.

angelflower_2

yes, the court order does. Effectively the unsecured debt has become secured debt and will be taken from any proceeds of said secured debt. Legally it does not matter whether or not you have been paying as the debt is now secured debt and has become joint. I agree, this is unfair but it is legally correct (as far as I am aware) Sorry!!

Do let us know how you get on at CAB.

QueensferryRoss

CAB engaged all afternoon, will try again tomorrow all day or will go in and see them Thursday.

Wonder if it is worth enlisting the help of my local MP or the media to try and put pressure on the mortgage co to back down or anything like that ?

I guess I have nothing to lose.

Going to make local council aware and see if I can get a house with them given circumstances and that I wont be able to afford private renting.

angelflower_2

sorry to be bearer of bad news but council wont look at you until you are faced with or are actually homeless (ie offer accepted on house)

I would very much doubt that MP or media will be able to help either, especially as this is an ongoing situation ie - debt still not being paid so they have every right to pursue. There is a board posting where the FSA are taking up peoples experiences of mortgage debt and how people are treated here somewhere (saw it this morning so try page 2 or 3. Post there too

you could try some of the other free debt charities (sticky at top of this board or the Advice shop in Edinburgh (I take by ur name u r near Edinburgh) which I think is on North Bridge still. Will see if I can find the number)

angelflower_2

http://www.edinburgh.gov.uk/internet/City_Living/Consumer_advice_and_protection/CEC_advice_shop

Here, try them

RAS

Post up your story here http://forums.moneysavingexpert.com/showthread.html?t=1573483

And talk to NDL who have a Scottish advice section. http://www.nationaldebtline.co.uk/scotland/

angelflower_2

thanks RAS - I am awful at linking posts!!