A bit complicated..can anyone help? a bit long as well!

minicooper1961

Kimitatsu wrote: »

Why cant the solicitors help you with anything financial? You CAN get a decree absolute without full financial disclosure but many judges will not issue one without financial consent to both parties. I don't know why they can't in truth, In a papargraph about funding it says I am eligble for legal help and an estimate of the case cost, with, "This does not include the costs of dealing with financial matters arising from divorce proceedings".......... I'm just sitting on the letter...getting more and more muddled.

When did you find out about the loan? Surely a loan of that size would need a witness I would have thought......or did he just happen to turn up at the bank with a signature?? I found out about the loan in May 2010 when I obtained my credit report {shot to pieces! no surprise there!} - I then phoned CCCS who advised BRptcy was my only option, as he had already gone BR and the house was in neg equity {he'd made sure it was so the OR would not go after the house} The loan was with a company called firstplus - I basically tracked them down off my credit report hence I obtained a copy of the loan agreement} Not many of the payments had been made since the loan was taken out - hence the balance of around 100,000.00 give or take a bit.

I think you need to seek financial and legal advice, in my experience (supporting people who have gone br), the official reciever will often offer half of the house to the other partner if the house is in negative equity. Was it offered to you when your husband went bankrupt? If not then I would be asking why. Yes it was offered but I have/had no funds to purchase it, Also you should be getting 50% of any revenue because the money should be going to your order not his. I have informed them, no answer, so when I filed for BR I told my OR everything? CSA payments are exempt from any bankruptcy orders so he hasno leg to stand on, he should be paying you based on his income regardless, any other payments come from what is left and deemed suitable by the OR. As for the laon why should you pay £40000 that you have never seen?

As for his parents, being honest if you have his work address give that to the CSA dont let his mum and dad use their address. If they are elderly then he may well flannel them about what they need to do but if letters and compliance officers are turning up at work it may spur him onto do something The csa have his work address, an address he lived at for a time and the address where I think he is. I have now advised his mom and dad not to let him use theirs as he will just use them for his own purposes.

As for protecting a future asset - the family home should be divided in the divorce settlement so it sounds to me like he is trying to pull a fast one. You should get at least 50% of the equity in it (and so 50% of the rental income etc) and possibly more if you have been at home with the girls. I know this is total cr&^, he is trying to pull a fast one at least with the rental income, as the house is in neg equity.

Sorry to be brutal but you need to toughen up, and stop being nice or he will walk all over you. If you dont like your solicitors - get a new one. I interviewed mine, he was most taken aback but we got on like a house on fire after that :rotfl:Its your girls that need support now, and if your eldest wants to go onto uni then she needs help in the next few months not in 25 years time. You are quite right I am a soft touch and he has already walked all over me.

Do you think this is something that the CAB can handle??
thanks for your input it is much appreciated

CSA_Help

minicooper1961 wrote: »

Do you think this is something that the CAB can handle??
thanks for your input it is much appreciated

Sorry been in and out of your post the CAb will guide you to the correct channels. If you believe that he has forged your signature then i believe there is action that can be taken as the lender hasn't done their checks anyway. I know when signing something for that amount there is usually a witness i.e a lawyer with an official stamp that can certify the signing. There is always handwriting experts around to check for authenticity if you are in doubt. Perhaps you could enquire at your local police forces head office as you beleive there may have been a criminal offence committed .

CSA_Help

How many paeges were on the credit agreement that you have seen. Did he initially think about £35k and you signed that one then spoke to the lender for the higher amount and sent your original signature back with the revised amount. On credit agreements they usually consist of more than one page but only reqhires a signature on one of the pages. Is there perhaps a unique identifier on the pages as you could back to the lender if it was in joint names to clarify the sequence of events.

minicooper1961

CSA_Help wrote: »

How many paeges were on the credit agreement that you have seen. Did he initially think about £35k and you signed that one then spoke to the lender for the higher amount and sent your original signature back with the revised amount. On credit agreements they usually consist of more than one page but only reqhires a signature on one of the pages. Is there perhaps a unique identifier on the pages as you could back to the lender if it was in joint names to clarify the sequence of events.

Ohhh you have given me food for thought there! a real lightbulb moment !....right I only have one page.......off to the lender I will go thank you.....Mmmmmmmm..............off to rescue little one from bath before she turns in to a prune! be in touchxxxx

Kimitatsu

Morning

Yes the CAB will certainly help, ask to speak to a debt specialist though, most CABx now have an initial interview and then will filter you through to a specialist. It may be that if you explain your issue to the person who makes your interview they will just put you straight through to a specialist.

All CAbx have access to a specialist unit which takes not only specialist financial people but also specialist legal people and they will be able to not only tell you what you can do but also put you in touch with specialist legal help, and as you are eligible for legal aid it will be free

As CSA help has saif Firstplus are a bit notorious for getting an agreement in principle and then amending the paperwork rather than coming back with new paperwork. There is an interesting website all about them actually http://www.firstpluscomplaints.co.uk/take-action.html might be worth having a look as it appears they have their own legal team who may be able to help you.

Do you have anyone else who can buy the house on your behalf? Parents? Elderly aunt who threw her ticket away for the euro millions? The only reason I ask is that usually you can negotiate a massive discount and then you can sell it or rent it out yourself.In order to rent the house out though he would have had to change the mortgage which would also need your permission - did you sign that one too?

I know this is all lots of stuff to think about, but he sounds a real charmer and you need to take the bull by the horns and sort it out otherwise you could be paying for this for many years to come.

RAS

minicooper1961 wrote: »

When did you find out about the loan? Surely a loan of that size would need a witness I would have thought......or did he just happen to turn up at the bank with a signature?? I found out about the loan in May 2010 when I obtained my credit report {shot to pieces! no surprise there!} - I then phoned CCCS who advised BRptcy was my only option, as he had already gone BR and the house was in neg equity {he'd made sure it was so the OR would not go after the house} The loan was with a company called firstplus - I basically tracked them down off my credit report hence I obtained a copy of the loan agreement} Not many of the payments had been made since the loan was taken out - hence the balance of around 100,000.00 give or take a bit.

Ok, so you need to get a Subject Access Request in to Firstplus and demand all the documentation regarding this account.

Unless that show you signing in their office, you need to start asking questions.

minicooper1961 wrote: »

I think you need to seek financial and legal advice, in my experience (supporting people who have gone br), the official reciever will often offer half of the house to the other partner if the house is in negative equity. Was it offered to you when your husband went bankrupt? If not then I would be asking why. Yes it was offered but I have/had no funds to purchase it,

If you were in negative equity then the cost of the BI would have been £1 plus fees which are about £225

minicooper1961 wrote: »

Also you should be getting 50% of any revenue because the money should be going to your order not his. I have informed them, no answer, so when I filed for BR I told my OR everything? CSA payments are exempt from any bankruptcy orders so he hasno leg to stand on, he should be paying you based on his income regardless, any other payments come from what is left and deemed suitable by the OR. As for the laon why should you pay £40000 that you have never seen?

You need to make sure your OR does not offer him the BI in the house as a result of your BR.

minicooper1961

Kim and RAS

thank you both, SAR letter typed and ready to go {just got to find someone with a cheque book!:rotfl:} joined the firstplus grp,

OR tomorrow,

Going to CAB next week,

Feeling a bit more positive now.....:)

I have been out with MIL lunchtime - she is not going to stand any messing from said son... Watch this space Many thanks all,

MC:T

speedster

i shouldn't get your hopes up too much with the CAB.

they mean well, but are generally old, retired and out of touch, with no clue how the csa work.

good luck though. you never know, you might find one that can hold their bladder long enough to help you!

minicooper1961

speedster wrote: »

i shouldn't get your hopes up too much with the CAB.

they mean well, but are generally old, retired and out of touch, with no clue how the csa work.

good luck though. you never know, you might find one that can hold their bladder long enough to help you!

Well I'm old {ish} out of touch {ish} but I can still jump on a trampoline ..................... as long as it is not too high! }for falling off purposes that is}......not bladder control ? } so maybe they are right up my street - at least I'll understand what they are saying............cos right now I need help, big time........

MC

RAS

minicooper

You will find a wealth of help on here as well, but you may need to explore the Debt-free wannabee forum, the bankruptcy forum and money saving in marriage and relationship forum as well as a few others outside MSE.

What action have you taken to get half the net rent paid to you?