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help!! time to take a stand (decree & Debt)
elementelement
Posts: 48 Forumite
have a little query i was hoping some people could shed some light on. in honesty im writing as im a nervous wreck and finally decided to take a stand and hoping for little gems of wisdom and advice to help and appease those earth shattering nervs.
Day 1
On a normal sunny day (few days before Christmas) the other half was served with a decree with the court officers in regards to common factor charges and upgrade done to her flat that she owned between 2002 - 2003. it was put through the courts around 2005 and has just now be served, we now have 14 days to pay back the whole outstanding amount.
Merry Christmas i thought, however im a firm beleiver in paying your dues.
The story is back when the girlfriend was young and neive she got herself into alot of trouble and subseqently got her house repossessed off her in sep 2003.
On thinking the decree was part of this i payed it on her behalf, However on doing so, once it was paid we were made aware of another debt against her for the sum of 7K (thank you and goodnight), they claim they had a home owners meeting in Sep 2004 and it was agreed to upgrade the block of flats (which the girlfriend owned 1 in 2003) in 2006. They claimed according to there records the new owner of the flat didnt move in until 2005 and as the meeting was in 2004 she was liable (as its from the point of the meeting) even though the work didnt start until 2006.
I claiimed If the debt is from 2004 at the meeting as they claimed then by that logic the debt is timebarred, however they claimed no it wasn’t as the debt was from 2006. On answering that i claimed as the debt was 2006 then the new owner who moved in on 2005 is liable but they claimed no as it’s from the liabilty is from the 2004 meeting
That one got me very confused as they wouldn’t budge and i gave up......
On keeping the peace I tried to explain to them that as the house was repossessed by the bank in 2003 she was no longer the owner and the debt did not consern her Also on hearing the above I attempted to seek clarification of the decree i had just paid in regards to the common charges and asked when they occurred as i now beleived they might have been occurred after 2003 (after the house was repossed)
In response to this i was told that information couldn’t be given until they had recieved proof that she was not the owner of the property after 2003.
Now being a normaly doubtfully guy i beleive as she is not the owner of the flat after Sep 2003 the debt isn’t her and i now suspect that the decree that was served is also wrong.
(so im going to try and fight it rather than bury our heads in the sand)
Continuing the story.............. as the debt is against GHA they do not have to go to courta nd prove the debt to obtain a Decree as it falls under Glasgow council juristiction. I beleive this decree has been granted (as formality) in error, as i beleive the common charge relates to dates after which the girlfriend was no longer the owner. But i cant get this information off thm until i prove she did not own the flat after the period of 2003.
My question is now that the decree is paid how do i go about challenging it proving that the flat was repossed in the above date as stated as the girlfriend no longer has any paperwork and is terrified and physicaly shakes when even talking about this. Also can i use the freedon of information act to get the records held on my girlfriend from the factoring company (glasgow council). If it turns out she is liable i will be more than happy to help settle her debts but i honestly believe she isn’t as she can clearly state the moving out dates and account for addresses stayed since 2003 to present
end of day 1
Any advice on how to go forward from here would be greatly appreaciated, thankyou all for reading, i wouldnt normally wash my dirty linen in the air but in this case i beleive the enough is enough and its time to start facing this,
First step is to contact the lawyers (can't really afford that route), citzen advice to see if any more info can be gained.
Day 1
On a normal sunny day (few days before Christmas) the other half was served with a decree with the court officers in regards to common factor charges and upgrade done to her flat that she owned between 2002 - 2003. it was put through the courts around 2005 and has just now be served, we now have 14 days to pay back the whole outstanding amount.
Merry Christmas i thought, however im a firm beleiver in paying your dues.
The story is back when the girlfriend was young and neive she got herself into alot of trouble and subseqently got her house repossessed off her in sep 2003.
On thinking the decree was part of this i payed it on her behalf, However on doing so, once it was paid we were made aware of another debt against her for the sum of 7K (thank you and goodnight), they claim they had a home owners meeting in Sep 2004 and it was agreed to upgrade the block of flats (which the girlfriend owned 1 in 2003) in 2006. They claimed according to there records the new owner of the flat didnt move in until 2005 and as the meeting was in 2004 she was liable (as its from the point of the meeting) even though the work didnt start until 2006.
I claiimed If the debt is from 2004 at the meeting as they claimed then by that logic the debt is timebarred, however they claimed no it wasn’t as the debt was from 2006. On answering that i claimed as the debt was 2006 then the new owner who moved in on 2005 is liable but they claimed no as it’s from the liabilty is from the 2004 meeting
That one got me very confused as they wouldn’t budge and i gave up......
On keeping the peace I tried to explain to them that as the house was repossessed by the bank in 2003 she was no longer the owner and the debt did not consern her Also on hearing the above I attempted to seek clarification of the decree i had just paid in regards to the common charges and asked when they occurred as i now beleived they might have been occurred after 2003 (after the house was repossed)
In response to this i was told that information couldn’t be given until they had recieved proof that she was not the owner of the property after 2003.
Now being a normaly doubtfully guy i beleive as she is not the owner of the flat after Sep 2003 the debt isn’t her and i now suspect that the decree that was served is also wrong.
(so im going to try and fight it rather than bury our heads in the sand)
Continuing the story.............. as the debt is against GHA they do not have to go to courta nd prove the debt to obtain a Decree as it falls under Glasgow council juristiction. I beleive this decree has been granted (as formality) in error, as i beleive the common charge relates to dates after which the girlfriend was no longer the owner. But i cant get this information off thm until i prove she did not own the flat after the period of 2003.
My question is now that the decree is paid how do i go about challenging it proving that the flat was repossed in the above date as stated as the girlfriend no longer has any paperwork and is terrified and physicaly shakes when even talking about this. Also can i use the freedon of information act to get the records held on my girlfriend from the factoring company (glasgow council). If it turns out she is liable i will be more than happy to help settle her debts but i honestly believe she isn’t as she can clearly state the moving out dates and account for addresses stayed since 2003 to present
end of day 1
Any advice on how to go forward from here would be greatly appreaciated, thankyou all for reading, i wouldnt normally wash my dirty linen in the air but in this case i beleive the enough is enough and its time to start facing this,
First step is to contact the lawyers (can't really afford that route), citzen advice to see if any more info can be gained.
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Comments
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unpopular Bump0
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Sorry, I can't help you with your problem but would suggest that if you post on the house buying, renting and selling forum, there may be people there who can advise you
All the best, 3D
Mr 3Dogs 3-7-12 3Dogs'Mam 31-3-13
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The other small problem is that Scottish and English law are very very different. You might find that artfulodger on the renting forum can help a BIT. oTHERWISE DO TALK TO THE sCIOTTISH SECTIONS OF cccs AND ndl.If you've have not made a mistake, you've made nothing0
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Are you still in Glasgow? Try the Govan Law Centre. They have a specialist housing team.
http://www.govanlc.com/advice.htm0
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