What are my chances?

Oeillade

My ex has left me with a £6000 debt secured on my home. He didn't pay it and I had to go to court to stop getting the house repossessed. I have copies of his bank statements to prove that the loan paid off his credit cards and overdrafts. The judge said I'd been conned and should sue him.

What are my chances of getting a CCJ against him?

If I do and he doesn't pay me, would I be able to make him bankrupt? How would the OR view it as my ex is on the mortgage, even though he has no money in the house, I paid the deposit and I am making all the mortgage payments.

Thanks

SueP19

I am not too sure what they think but I would say that getting him off the mortgage and deeds would be a prioity.
As you stand at the mo, if another of his creditors decided to go the bankruptcy route the house would be seen as half his
See if you can have a free half hour session with a solicitor but ask around for a good one that deals with this kind of thing

Oeillade

I haven't been able to get him off the mortgage as I don't earn enough. When we bought the house my solicitors got him to sign a document saying the deposit was mine, so I think I'm OK there. House is on the market though.

Just want to know if anyone thinks I could get ccj against him to make him pay his own debts.

callan05

Hi

I agree with Sue, getting him off the mortgage is a priority. I dion't know much about the CCJ thing and i'm not sure how the law works where you are but i'm in Scotland and my ex is suing me under the new cohabittee law she wants £4000.00 and she was never on the mortgage or even had a job while we were together. I gave her alot - car,cash and other bits and bobs but it doesn't matter a jot as lawyer is advising me she could get more if we actually go to court and if she does they will make me bankrupt as i don't have the means to pay within a set time. I guess what i'm trying to say is people can be bitter and twisted and regardless of who is right or wrong if you force the CCJ thing he could get nasty and if he has other creditors they will come after your house and i feel these people don't care they just want there money.
I guess what i am saying is be careful get advice from lawyer or CAB but you may find that like me the cheapest and safest option is to take the hit on the money and walk away and start again on your own.

Best of luck and hope it works out.

SueP19

callan05 wrote: »

Hi

I agree with Sue, getting him off the mortgage is a priority. I dion't know much about the CCJ thing and i'm not sure how the law works where you are but i'm in Scotland and my ex is suing me under the new cohabittee law she wants £4000.00 and she was never on the mortgage or even had a job while we were together. I gave her alot - car,cash and other bits and bobs but it doesn't matter a jot as lawyer is advising me she could get more if we actually go to court and if she does they will make me bankrupt as i don't have the means to pay within a set time. I guess what i'm trying to say is people can be bitter and twisted and regardless of who is right or wrong if you force the CCJ thing he could get nasty and if he has other creditors they will come after your house and i feel these people don't care they just want there money.
I guess what i am saying is be careful get advice from lawyer or CAB but you may find that like me the cheapest and safest option is to take the hit on the money and walk away and start again on your own.

Best of luck and hope it works out.

Very well put, I was thinking along the same lines................Oiellade, you need to switch from revenge mode to survival mode.

:kisses3: here's a hug, don't mean to be blunt, but this could get messy and ugly..............seek further legal advice, your deposit may be safe ?? but you are paying the mortgage and he could claim a contribution which may result in you having to sell.

Oeillade

Thank you both for your advice.

It is messy already, he has taken me to court for contact with our daughter and has a £4500 legal bill (his fault, he wouldn't go to mediation). He had no interest in her when we were living together, just wanted to play with his motorbike which he bought with a bank loan!

I keep thinking it would be easier to take the financial hit but my daughter isn't even 2 yet and I need all the money I can to get a nice house for her when I finally sell the one his name is on.

I'll get in touch with CAB, my solicitor won't deal with this as I am on legal aid and if I win it would be deducted from my legal aid even if I didn't get the money from him.

SueP19

Are you having to pay the secured loan as well as the mortgage????

If the CAB can't help then I think it maybe a good idea to go back to your solicitor or get a new one and see about taking your ex off the deeds, you can then use the potential CCJ as a bargaining tool. ie. you come off the deeds and I will not persue you for the money you owe me on this loan. Least thay way the house would be untouchable by him or any other creditor he may have.
It may be a good idea to do a SOA for these guys to offer advice, at the moment you are paying the loan and even if you send him a CCJ, he could just pay £1/month, so it might be helpful to adjust your spending and enable you to pay this debt quicker
Huggies

Oeillade

Hi Sue

Yes, I pay the mortgage, the loan, council tax, gas, electric, nursery, etc, etc, etc. I get £152 a month off him through the CSA and even that doesn't come every month.

I have just had a little windfall from tax credits and the choice is to pay off the £450 arrears and get the debt back to being manageable or sue him.

That's a very good point you make about him only having to pay £1 per month, that wouldn't help at all.

I'm going to see a solicitor to get a will written so I think I'll get them to write him that letter to get him off the deeds.

Thanks again.

SueP19

Don't forget to post an SOA on here, these guys are great for helping with cutback ideas.
Will the £450 pay the debt in full or enough to offer a F&F settle? If not do you have an emergency fund. I know some on here don't agree with an emergency fund but in my experience its not having a small pot and I do mean small that has been a problem for me in the past.

Oeillade

Hi Sue,

no the £450 will just pay off the arrears and all the charges added on and get the loan back to the normal payments. The debt stood at £5,629.09 on 2 April. I have paid two more payments of £200 each since then. Great isn't it, the debt stood at £5,630.96 on 2 October last year and I've paid them £1,400 since then and it's gone down less than £2.00!

I know what you mean by an emergency fund, and I do have more to put into one, you never know when the heating will breakdown, or you need new tires or something.

I do follow these boards and have done loads of paring down of expenses. I got rid of Sky, changed gas and electric suppliers, etc.

I will probably do the SOA, somebody may spot something I've missed.

Thanks for your help.

SueP19

If you can get the loan back to normal payments will it be less than £200 a month?
If it greatly reduces your monthly outlay, it would enable you to put the remainder away and save to pay the loan early. It's shocking, I assume the £1400 went in charges etc, gits aren't they

As for the SOA, I know what you mean, apart from food I don't spend loads on clothes but I found peoples suggestions really helpful