Natwest Overdraft

sarah12051986

Me and my ex had a joint overdraft of £2700 with Natwest. In April last year we split and i was forced to move out because he was aggressive, and any attempt to return to the property (to collect clothes, post etc) resulted in me being attacked and the police being called.

After leaving, he stopped contributing to the mortgage or any other bills, and ran up huge debts (some in my name) and i couldn’t force him to move out. Even the police didn’t want to know when he started trashing the house, they just told me to take it up through solicitors as “it was his house too”.

In January this year, Shoosmiths (on behalf of Natwest) took my ex to court to try and place a charging order on the house. This charging order was granted in his name alone, in the amount of £7000. £2700 for the overdraft, and the balance was a loan he had taken out in his name with Natwest.

I have had this house on the market for over 12 months and it shows no signs of selling at all. I still pay the mortgage to date, and that mortgage account is also in arrears. The ex has now moved out into a flat too.

I have since been chased by various debt collection agenices. Wescot, Fredrikson International etc etc all claiming i owe £2700. When i tell them this was a joint bank account, they say that Natwest tell them its a sole account and i’m responsible for paying it even if it was a joint account.

My issue is that this charging order is on the house i pay for. If i pay these various debt collection agencies, this charging order will still be in place.

Shoosmiths only recently sent my ex a letter (last month) asking for expenditure details as he’s arranging some sort of payment plan with them?

I don't have any free cash at all, otherwise i would have tried to sort this. I asked Natwest to halve the overdraft when we split, hoping they would take it because they would at least get my half, because i knew he would never pay up. They didn't want to know, and i couldn't afford to pay the whole debt on my own.

Do i have a leg to stand on here?

sarah12051986

Sorry to bump this thread all.....but could really do with some help on it

Tixy

Hi

So the house is in both names? but you pay for it all? Are either of you living in the house?

If the charging order is just in his name but the house in joint names then it is actually a restriction rather than a true charging order.

If he or you pays off these debts then the charging order/restriction should be removed.

Not an area I know lots about but this thread may help a bit - https://forums.moneysavingexpert.com/discussion/1839539

It may just be a case of you paying a token payment to which ever debt agency is now chasing you (assuming they have provided proof they have the right to collect the debt), until such time as the house does sell. Will you at that point have sufficent equity for these debts to be cleared?

sarah12051986

Yes, the house in both names and so is the mortgage. He stopped paying though, and Halifax chase me because i'm the only one who will actually pay anything. He doesn't care if the house is repossessed or we're blacklisted.

I have paperwork that says "interim charging order" and then theres more paperwork, 1 of which says "final charging order"?

My worry is, if i pay the £2700, it won't affect the charging order. The charging order was in his name alone. There are seperate companies chasing the same balance from the both of us, neither of which will accept this was a joint bank account?

Wescot previously chased this with me. I sent them copies of all the paperwork, and then they just stopped contacting me? I'm now being contacted by Fredrikson International?

sarah12051986

I don't know whether or not there will be enough equity to be honest. The mortgage still owed is a little over £80'000, i would liable for early repayment fees up until May next year because we signed up for a fixed deal.

The house was valued yesterday by another estate agent for £100'000, so i'll be lucky to get £90'000 i reckon. With the mortgage, early repayment fees, this £7k debt and solicitors fees, i'd be happy to walk away breaking even!

Tixy

Even though its a joint account they will still just chase you if you are the one likely to pay.

If you could settle the £2700 then you could not be chased for the remainder of the debt if it is in his name. And as and when the house was sold only the remaining debt would need to be paid from his proceeds (ie you wouldn't need to pay it twice). In the meantime until you sell I don't think the charging order should have too much of an effect on you.

Have you read through this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court I think it implies it shouldn't actually be a final charging order so I wonder if there may be something you can do about that. Might be worth speaking to national debtline for some advice.

If fredrickson have just started contacting you then first response should be the prove it letter - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2 - which will keep the occupied for a week or 2 whilst you get some advice.

Hopefully someone else may be able to advise further soon.

sarah12051986

Thank you, you've been very helpful!