Partner being chased for joint debt

dogga62

Hi all, hope this is the right forum to post this question.

My partner has divorced and after a long winded court procedure has a court order stating the former matrimonial home has to be sold and the mortgage and two joint debts to be paid out of the equity (not much but enough to cover all debts). Her ex is still living in house with some arrears on mortgage.
Lloyds passed one joint debt onto moorcroft and partner is paying a small monthly sum to this.
Now Hillesden Securities Ltd are chasing her for full payment on a joint First Plus loan. She has sent them a copy of the court order saying the debt will be cleared when house is sold but they have written back saying that could take years and that they are within their rights to pursue payments.
They want her to send a statement of affairs so they can see what she can afford to pay.
Does she have to provide these details to them? Her ex is paying nothing to these joint debts so anything she pays off will benefit him when the house is eventually sold.
Any advice will be most welcome.
Dave.

Tixy

They are within their rights to pursue payment, or even go to court if they chose to.
I wouldn't send them her SoA personally. But I would at least start making token payments to the debt to hopefully stop them taking her (and ex) to court.

dogga62

Thanks for that Tixy. That was what she was hoping to do. Make a token payment like she is doing with moorcroft.
Would it be too cheeky to write to them and say she will pay the same as her ex!!
Dave.

RAS

She needs ti go back and get a court order for the sale of the house, sooner rather than later. Is she sure he is even paying the mortgage?

dogga62

Hi RAS,
He is meeting the monthly repayments at the moment. Mortgage company are aware of the situation and supplying her with copy of statements etc.
Also estate agents informing her of any viewings etc. Not had much interest in house yet. She wants to drop asking price but ex wont.
Dave

RAS

Let him know she is going for an order for sale, and he might just sharpen up.

dogga62

She already has an order for the sale of the house.

RAS

So, it appears he is obstructing the sale.

dogga62

In a war RAS yes he is by not agreeing to drop the asking price.
Partner went to see her solicitor the other week and advised her to log everything he does/doesn't do. Problem is not enough interest in house at moment.

RAS

dogga62 wrote: »

Problem is not enough interest in house at moment.

Well there will not be if it is priced too high. Buyers market.

dogga62

Well, partner has decided to offer token payment to Hillesden until house is sold.
Has anyone any advice on how much to offer and how to word the letter.
Cheers,
Dave.