MoneyClaim for mortgage payments

hammykhn

HI,

I have received a moneyclaim against me for mortgage payments paid on a joint property.

A couple of years ago I gave the claimant some money in cash and the claimant was supposed to pay me back. It was a kind of loan as the claimant needed some money asap. There was no written agreement for this but I do have witnesses. We fell out over this money as I asked for the money to be returned numerous times but kept getting false promises. We both jointly owned a house which was rented out and I stopped contributing to the joint mortgage commitment on the rented property and told the claimant that she was responsible for making the full monthly mortgage payments and any other costs associated with the property including my share until my debt is repaid. I knew that he will keep up to date with this and this was one way for me to recover my money I lent him.

He has now sent me a moneyclaim for the 50% of the mortgage payments. Obviously I want to counterclaim but the money I gave him was in cash and I do not have any written/signed agreement. The loan I gave him was in trust as he needed it asap. Will I be able to counterclaim?

I am annoyed as I dont have any evidence in terms of written agreement and whatever happened was verbally done as we were good friends at the time and I trusted him implicitly.

I look forward to your response.

kingstreet

I'm not sure under what grounds, if any, a person can make a claim on you for mortgage payments. We get regular cases on here where one partner leaves and stops paying and the other has no alternative but to pay the whole payment.

A joint mortgage is a "joint and several liability", which means it's 100% owed by both parties, there's no 50/50, 60/40 split etc.

Unless the claimant has a written agreement with you that you will pay 50% of the mortgage payment to them, I don't see how their claim can succeed.

Hopefully more opinions in the morning. I'm glad you brought it over here as I suggested.

DVardysShadow

Your problem is evidence. If you have witnesses, then if they are willing to give statements, this will count as evidence. Whether it will be enough is another question. If the claim against you exceeds the amount you lent, then you should admit the difference and settle for that amount ASAP.

Botham

Hello , I agree with the shadow that evidence is the problem.Eye witness state the statements then it will be.Second option is also the same applicable.

Nice Post.

hammykhn

thank you kingstreet, im glad i took your advice and posted on here ;-)

my witness is willing to give a statement as she is annoyed as well that the claimant has stooped so low.

my understanding was the same Kingstreet, it is joint and several and not 50/50 in the eyes of the law but I am very nervous about how the courts will see it. My understanding is also that if i dont have a written agreement then it could go against me as a 'verbal agreement' or conversation can be denied and is my word against the other side and that will depend on how the judge sees it.

It has begun to affect me and my sleep and eatingIt has left me feeling sick and stressed out so any help/advice will be very much appreciated.

I am sure a lot of people will be in same boat especially in the current climate.

Thank you

hammykhn

Kingstreet, i notice you are a mortgage advisor.

I have had some thoughts on this, and even though tehre was no agreement in place is it not assumed that if there are 2 parties to the mortgage that both will contribute equally to the monthly payments? I know what you are saying about the bank, as they dont care who pays it as long as it gets paid,

Im still a bit confused and worried. Need to send a reply to the courts and get my head sorted out before I put anything to paper!

stressed!

GMS

It may be 'assumed' that 2 people party to a mortgage would pay 50% each but this is not the case. Both are liable for the mortgage payment, who pays what portion is irrelevant.

Thrugelmir

What form is the "moneyclaim" in?

hammykhn

GMS, thats what I thought as well

so on what grounds can I put a defence against the claim against me for the mortgage payments paid by the other party? Obviously I gave a loan in cash to the other party which was to be repaid but never was (I have witnesses to prove that the loan was given and also the money was withrawn from my account in cash so can show the transaction as well)

Thrugelmir - it is from the Northampton County court and the other party are claiming that they paid the mortgage payments and now have made a claim against me for half of it.

Thrugelmir

How was the rental income distributed?

hammykhn

there was no rental income to take into account in this case