Joint Morgage; ex not paying

smellyfeet

Ok this is a very long story; i have attched the letter that i will be replying back to my ex's solicitor which i think explains all of the story,

I don't know if anyone can think what else i should put or if i have no chance with whjat i'm saying,

should/and how do i freeze the equity on the flat so she can not gain any more money if i can not do what i have put in the letter and who decides what the flat is worth,

***the flat might not sell for years because of a problem with the Management which is a differen't issue**********

Any advise will be usefull;;

I am seeing a solicitor next week.



Dear Sir,

In regards to the letter you sent on behalf of ***********,

I have enclosed a copy of an agreement that myself and ******* made when we first separated with ******* (******** Step Dad) who was advising ********,

This agreement was made based on us separating everything 50/50, this included assets and Debts whoever’s name they where in,

We did this by writing a list of all the items we own and putting a price next to them, writing down all of the debts, agreeing to what the flat is worth then removing the Mortgage we knew what equity we had,

Once we had done this; as ****** wanted to move out and could not afford to take the mortgage on; it was agreed that I would, ******* was given as much money that was available and also other Large items that she wanted such as the Car and Laptop,

Once she was given this it worked out that she was still owed £******** from the 50/50 split.

The Flat would belong to me; and ****** would not be entitled to any of the equity apart from what was left to pay of the £******* if I made all the payments to the Mortgage; she would not try and claim any of the equity. This was done; as an attempt for me to take on the Mortgage in my name only was done but it was not allowed as the Mortgage Company felt the property value was already below the existing mortgage.

I agreed to pay £***** per month to settle the £****** debt which I started paying in May.

It was also agreed that I would see my Boy (*******) 50% of the time (7 nights)

We also agreed that child maintenance would not have to be paid until things had settled and I could afford to.

After a few months ******* had requested CSA money out the blue; this was a surprise to me; I also received an offer on the Flat; ***** and I mutually agreed that all the payments of £***** that was for the £****** would be for CSA and she would take £******** from the sale of the flat.

This is confirmed when she signed the paperwork for the sale of the flat.

While the flat sale was going on ****** wanted me to stop seeing ****** 50% of the time, saying that he needs his own room as currently he was sharing my room, I was not happy with this and said once the sale had gone through he would have his own room, so it was agreed that I would carry on seeing him.

Unfortunately in November the sale of the Flat fell through due to an issue with the Management, the issue is currently trying to be resolved; unfortunately this issue could take considerable time to resolve.

This then caused ****** to stop me from having ***** 50% of the time and she informed me that she would be seeing a solicitor which I have now received your letter.

I do not believe the property is on the Market at an unrealistic price as we have had lots of interest and even got a sale, the problem with the property is the Management issue,

If ****** would like to now claim 50% of the equity I would be only too happy to accept this based on ******* making 50% contributions towards the Mortgage , Ground rent and land rent,

I would also like 50% of all mortgage payments that I have made since May, half the money she has been given and half the money from the value based on the price in May when ****** received the Car, Laptop and Camcorder. I would also like half the costs that have been incurred through the sale of the property that did not happen.

I have made x9 Mortgage payments at the time of this letter since May, half totals: £*********, half the ground rent including the amount that was still owing when ******* left total: ******* half the Cash totals: £******** and half the Car, Laptop and Camcorder totals: ******* half the costs for the sale of the property that did not happen total: ******** also half the electricity bill as there was an outstanding debt on this total: ******

In total I would like ******** plus 15.9% interest rate as I could of used this money to pay my credit cards and this is the rate I am being charged.

This will increase every month by 15.9% plus half the ground rent, half the land rent and half of the mortgage will be added.

Regards,







******.

Mics_chick

I think you've got it all covered cos I can't think of anything else to put.

Only thing I can think of is to send copies of any agreements you have in writing / the bills you want her to pay half towards and any proof of payments you have been making to her even if this is cash withdrawals or cheques - just make a copy of bank statements and block out anything else with thick black pen.

All you can do then is send it to the solicitor and see what sort of response you get.

Timmne

Is there any way you could repost it with an assumed name and false amounts? I couldn't get through it all, my flow kept being disrupted!!

A very interesting bit though, that I read....

smellyfeet

Ok this is a very long story; I have attached the letter that I will be replying back to my ex's solicitor which I think explains the entire story,

I don't know if anyone can think what else I should put or if I have no chance with what I’m saying,

should/and how do I freeze the equity on the flat so she can not gain any more money if I can not do what I have put in the letter and who decides what the flat is worth,

***the flat might not sell for years because of a problem with the Management which is a different issue**********

Any advice will be useful;

I am seeing a solicitor next week.


Dear Sir,

In regards to the letter you sent on behalf of ***********,

I have enclosed a copy of an agreement that myself and ******* made when we first separated with ******* (******** Step Dad) who was advising ********,

This agreement was made based on us separating everything 50/50, this included assets and Debts whoever’s name they where in,

We did this by writing a list of all the items we own and putting a price next to them, writing down all of the debts, agreeing to what the flat is worth then removing the Mortgage we knew what equity we had,

Once we had done this; as ****** wanted to move out and could not afford to take the mortgage on; it was agreed that I would, ******* was given as much money that was available and also other Large items that she wanted such as the Car and Laptop,

Once she was given this it worked out that she was still owed £******** from the 50/50 split.

The Flat would belong to me; and ****** would not be entitled to any of the equity apart from what was left to pay of the £******* if I made all the payments to the Mortgage; she would not try and claim any of the equity. This was done; as an attempt for me to take on the Mortgage in my name only was done but it was not allowed as the Mortgage Company felt the property value was already below the existing mortgage.

I agreed to pay £***** per month to settle the £****** debt which I started paying in May.

It was also agreed that I would see my Boy (*******) 50% of the time (7 nights)

We also agreed that child maintenance would not have to be paid until things had settled and I could afford to.

After a few months ******* had requested CSA money out the blue; this was a surprise to me; I also received an offer on the Flat; ***** and I mutually agreed that all the payments of £***** that was for the £****** would be for CSA and she would take £******** from the sale of the flat.

This is confirmed when she signed the paperwork for the sale of the flat.

While the flat sale was going on ****** wanted me to stop seeing ****** 50% of the time, saying that he needs his own room as currently he was sharing my room, I was not happy with this and said once the sale had gone through he would have his own room, so it was agreed that I would carry on seeing him.

Unfortunately in November the sale of the Flat fell through due to an issue with the Management, the issue is currently trying to be resolved; unfortunately this issue could take considerable time to resolve.

This then caused ****** to stop me from having ***** 50% of the time and she informed me that she would be seeing a solicitor which I have now received your letter.

I do not believe the property is on the Market at an unrealistic price as we have had lots of interest and even got a sale, the problem with the property is the Management issue,

If ****** would like to now claim 50% of the equity I would be only too happy to accept this based on ******* making 50% contributions towards the Mortgage , Ground rent and land rent,

I would also like 50% of all mortgage payments that I have made since May, half the money she has been given and half the money from the value based on the price in May when ****** received the Car, Laptop and Camcorder. I would also like half the costs that have been incurred through the sale of the property that did not happen.

I have made x9 Mortgage payments at the time of this letter since May, half totals: £*********, half the ground rent including the amount that was still owing when ******* left total: ******* half the Cash totals: £******** and half the Car, Laptop and Camcorder totals: ******* half the costs for the sale of the property that did not happen total: ******** also half the electricity bill as there was an outstanding debt on this total: ******

In total I would like ******** plus 15.9% interest rate as I could of used this money to pay my credit cards and this is the rate I am being charged.

This will increase every month by 15.9% plus half the ground rent, half the land rent and half of the mortgage will be added.

Regards,

frivolous_fay

It's a little confusing - I think the letter would be better if you summarised certain things... for example laptop, car, etc and any other items partner kept could be 'items of value'

Without knowing exactly what the solicitor is demanding it's a little tricky to get the full picture.

Does the list of items with prices have any kind of legal backing?

The things that your ex agreed not to do... (and then did) - were they agreed in any kind of formal capacity?

Imelda

I think you should seek legal advice as well, I'm afraid....

lewt

hello all my mate smellyfeet cant seem to post a thread so im doing it for him.
all help would be aperciated. thanks Lewt.

---

Ok this is a very long story; I have attached the letter that I will be replying back to my ex's solicitor which I think explains the entire story,



I don't know if anyone can think what else I should put or if I have no chance with what I’m saying,



should/and how do I freeze the equity on the flat so she can not gain any more money if I can not do what I have put in the letter and who decides what the flat is worth,



***the flat might not sell for years because of a problem with the Management which is a different issue**********



Any advice will be useful;



I am seeing a solicitor next week.







Dear Sir,



In regards to the letter you sent on behalf of ***********,



I have enclosed a copy of an agreement that myself and ******* made when we first separated with ******* (******** Step Dad) who was advising ********,



This agreement was made based on us separating everything 50/50, this included assets and Debts whoever’s name they where in,



We did this by writing a list of all the items we own and putting a price next to them, writing down all of the debts, agreeing to what the flat is worth then removing the Mortgage we knew what equity we had,



Once we had done this; as ****** wanted to move out and could not afford to take the mortgage on; it was agreed that I would, ******* was given as much money that was available and also other Large items that she wanted such as the Car and Laptop,



Once she was given this it worked out that she was still owed £******** from the 50/50 split.



The Flat would belong to me; and ****** would not be entitled to any of the equity apart from what was left to pay of the £******* if I made all the payments to the Mortgage; she would not try and claim any of the equity. This was done; as an attempt for me to take on the Mortgage in my name only was done but it was not allowed as the Mortgage Company felt the property value was already below the existing mortgage.



I agreed to pay £***** per month to settle the £****** debt which I started paying in May.



It was also agreed that I would see my Boy (*******) 50% of the time (7 nights)



We also agreed that child maintenance would not have to be paid until things had settled and I could afford to.



After a few months ******* had requested CSA money out the blue; this was a surprise to me; I also received an offer on the Flat; ***** and I mutually agreed that all the payments of £***** that was for the £****** would be for CSA and she would take £******** from the sale of the flat.



This is confirmed when she signed the paperwork for the sale of the flat.



While the flat sale was going on ****** wanted me to stop seeing ****** 50% of the time, saying that he needs his own room as currently he was sharing my room, I was not happy with this and said once the sale had gone through he would have his own room, so it was agreed that I would carry on seeing him.



Unfortunately in November the sale of the Flat fell through due to an issue with the Management, the issue is currently trying to be resolved; unfortunately this issue could take considerable time to resolve.



This then caused ****** to stop me from having ***** 50% of the time and she informed me that she would be seeing a solicitor which I have now received your letter.



I do not believe the property is on the Market at an unrealistic price as we have had lots of interest and even got a sale, the problem with the property is the Management issue,



If ****** would like to now claim 50% of the equity I would be only too happy to accept this based on ******* making 50% contributions towards the Mortgage , Ground rent and land rent,



I would also like 50% of all mortgage payments that I have made since May, half the money she has been given and half the money from the value based on the price in May when ****** received the Car, Laptop and Camcorder. I would also like half the costs that have been incurred through the sale of the property that did not happen.



I have made x9 Mortgage payments at the time of this letter since May, half totals: £*********, half the ground rent including the amount that was still owing when ******* left total: ******* half the Cash totals: £******** and half the Car, Laptop and Camcorder totals: ******* half the costs for the sale of the property that did not happen total: ******** also half the electricity bill as there was an outstanding debt on this total: ******



In total I would like ******** plus 15.9% interest rate as I could of used this money to pay my credit cards and this is the rate I am being charged.



This will increase every month by 15.9% plus half the ground rent, half the land rent and half of the mortgage will be added.



Regards, Smellyfeet

frivolous_fay

He did manage to post it... it's a few posts down

smellyfeet

Well at least you have had a reply Lewt, i have not had a reply and thanks for your help,

you can now see what a mess my life is :-)

frivolous_fay

You have had two replies

http://forums.moneysavingexpert.com/showthread.html?t=347377

lewt

you have two replys. i aint read it it looks long and really [STRIKE]dull[/STRIKE] interesrting. will wade through it all now...;)