MoneyClaim for mortgage payments

Thrugelmir

hammykhn wrote: »

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

You said the property was let at the point you ceased contributing.

Who lives/d in the house?

hammykhn

it was let, but then it became empty and has stayed empty until it was sold. Whilst it was empty the other party paid for the mortgage payments

DVardysShadow

hammykhn wrote: »

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.

Don't forget that you are owed half the equity in the property and half the rent after expenses

Basically, you admit responsibility for half the mortgage and counterclaim

• whatever the other debt amounts to
• half the equity from the sale [or whatever the correct portion is]
• half the rent after expenses [excluding mortgage]

asking for an order against the claimant if the difference is in your favour or offering the difference if it is against you.

hammykhn

the rent was being used to repay the mortgage payments, insurance and to pay for any repairs/maintenance whilst it was let.

When it became empty we put it up for sale and it took ages to sell it. We actually ended up selling it for a small shortfall which we are each individually addressing with the lender. Whilst I was chasing the other party for my money to repay the loan the property was let out but when it became empty I saw this, honestly, as an opportunity to get back my money owed so agreed with that all mortgage payments etc will be met by the other party until such a time that my loan has been repaid. There is still a bit of a shortfall and the other party still owes me some money, but it is only a small amount.