will csa be able to force me to sell my house?

Loopy_Girl

Blob wrote: »

It has driven my other half to the point of taking her own life!

If what you are saying is true then I am very sorry. I feel for her children being robbed of a Mum especially at this time of year.

scotsbob

Loopy_Girl wrote: »

If what you are saying is true then I am very sorry. I feel for her children being robbed of a Mum especially at this time of year.

If she is so emotionally unstable then the children should not be in her care, at this or any other time of the year.

Loopy_Girl

scotsbob wrote: »

If she is so emotionally unstable then the children should not be in her care, at this or any other time of the year.

Perhaps so but it's all moot points since according to the OP, his partner took her own life.

julie2710

Wasteland_Drifter wrote: »

No, the mortgage charge is secured on the whole property regardless who and how its owned. The mortgage account can remain in two names if you like.

Sorry to hijack this slightly but just on this point. If you are right then why is it that after my divorce and a court order saying the deeds to my home should be transfered into my name the landregistry are refusing to do it without permission of the lender? The lender now wants me to complete a form via a third party solicitor to say I understand the implications of having a joint mortgage but deeds in my sole name! I am patiny the mortgage myself but the computer says no when it comes to moving it into my sole name!

Blob

scotsbob wrote: »

If she is so emotionally unstable then the children should not be in her care, at this or any other time of the year.

Just to put you straight, one of my kids is at Uni and the other is in the process of joining the Royal Marines, so I don't think that they are in the care of either myself or my ex!

If the land registry change the deeds then it really matters not how is on the mortgage unless you fail to pay it, then they will go after your ex for the money as she is on the mortgage, but she wont be able to have any of the house and the Court order is in place! She will however be able to take it back to Court and get it so that the lender wont be able to touch her for the debt.

Hope it helps.

FBaby

julie2710 wrote: »

Sorry to hijack this slightly but just on this point. If you are right then why is it that after my divorce and a court order saying the deeds to my home should be transfered into my name the landregistry are refusing to do it without permission of the lender? The lender now wants me to complete a form via a third party solicitor to say I understand the implications of having a joint mortgage but deeds in my sole name! I am patiny the mortgage myself but the computer says no when it comes to moving it into my sole name!

I was also told that you can't have one person name on the mortgage if their name is not on the deed. When I separated and was desperate to take him off the deed as a number of loan companies were threatening to put a charge on the house, i was clearly told that he would have to be off the mortgage and to transfer it to my name only. Thankfully, i was only just able to do so on my salary only.

gratefulforhelp_2

Um, advice I have had from a solicitor on a different debt matter, is that if action has already been taken, or threatened, then change of the tenancy arrangements for house ownership can be overturned in court anyway.

The gist of it was, that if you did it prior to the debt being chased, you would probably be ok, but that if you did it knowing the debt was being chased, it wouldn't necessarily mean much. Sorry.

bdt1

The gist of it was, that if you did it prior to the debt being chased, you would probably be ok, but that if you did it knowing the debt was being chased, it wouldn't necessarily mean much. Sorry.[/QUOTE]

When we were faced with this situation this is what we were told also, that it is no good changing deeds, Land Registry etc after being informed of a CSA debt as then this is seen to be 'money laundering' through another party.

WE have an interim charge on our house for just over 34k from CSA. They failed to get a full charge as no proof we owed the money in 1st place...................County Judge agreed with us, and CSA staff couldn't back up their alleged arrears.

After a Tribunal hearing appealing against the decisions/assessments which were incorrect thus leading to the 32k arrears, we have now only arrears of £2,100, £2,400 or £2,700 depending on which CSA letter you read, account audit/breakdown been requested to verify any arrears at all as we believe we have overpaid by approx 2k!!!!!

CSA will get a LO, they will send bailiffs, but if they visit and cannot get anywhere they throw case back to CSA after (6 months if I remember rightly), they will also get a CCJ, and then go for the charge on house, matters not who is on deeds/mortgage, nor about children at this stage, only if it goes to Force of Sale, will a Judge make the decision about selling and not the CSA.

BLOB out of interest please can you explain regarding the Laws that your good lady is suing you are based on, as I know our situation is similar, yet ours did not progress as quickly or negatively as yours.

Blob

There are a number of points that the case turns on, and will be back in the morning as it has been a good evening due to the Rugby results, England did not get the much vaunted Grand Slam!!! Scotland did not get the Wooden Spoon either!

Will come back on this point in the morning when I make sense to myself let alone anyone else!

Blob

Sorry for the delay, but here now!

She is suing me under the Trust of Lands Act, to get her money that she put into the house n the first place. This is supported by the fact that I gave her an unsigned letter that stated that in the event that we had to sell the house she would get her money first and then 50% of what ever is left, this is covered by the Step and Downey case, not sure of the spelling! I will check if you need it. It was a case that went to the house of Lords and the judge has refereed to it already. Under this her money is nothing to do with me and as such the CSA cant touch it. If this money is then protected and the deeds of the house are then altered by the Court then the chances of the CSA getting anything are next to non-existent.

My partner will then buy me out, and I will own nothing and as the house has been past to her by a Court Order I will be free to go bankrupt, thus the CSA will again not be in a position to take any action against me as I will by a Court Order have nothing!

In the mean time my MP will want to know why a gov department has cost the tax payer more money than they tried to get from me. He will also want to know why they have tried to offer Debt Management and failed to provide him with the relevant license that they are required by Law to have. I understand that the case may well then be passed on to the police for them to investigate by Ministerial order. We will wait and see.