Divorce - Debt and repossession

paulmapp8306

twinklestars wrote: »

I think they have let it go on so long because the house is in negative equity.

I havent personally made any payments as I cant afford to due to the face I have to rent and provide a roof for our children.

The mortgage payment is only the cost of my rent that I have paid for last 6 months so wish I could take over the mortgage but as I dont earn enough to cover the balance they wouldnt let me

When you split up you should have kicked him out of the house as you needed it for the kids.

Double edged sword mind - as if you kept paying the morgtgage it would have been cheaper than renting BUT any equity built up (yes I know its in neg now) would have been 1/2 your husbands. HOWEVER, in your settlement you could well have negotiated that he didnt own any part of the house as it WAS in neg equity so there was nothing for him to take at the time of the split.

twinklestars

I had no choice but to move out unfortunately as he was very controlling and would have thought he could come back any time he wanted so for me to stay wasnt an option otherwise I would have done

Gothicfairy

twinklestars wrote: »

I think they have let it go on so long because the house is in negative equity.

I havent personally made any payments as I cant afford to due to the face I have to rent and provide a roof for our children.

The mortgage payment is only the cost of my rent that I have paid for last 3 years so wish I could take over the mortgage but as I dont earn enough to cover the balance they wouldnt let me

I don't think neg equity has anything to do with it because right now the mortgage company is standing to lose a hell of a lot more on this house then they would have done years ago.
He can allow repossession and then go bankrupt and they get nothing or come after you so I think there is more to it.
Are you sure he has not paid anything ? How can you be so sure ?
Has he maybe agreed a plan with them as that would not stop the default letters but would maybe stop the action hence it being so long ?

What have you personally had from the mortgage company about the repossession ? You should at least attend court as that will allow the judge to understand all facts before making a ruling and that might well help in your case

pepe2008

Have YOU spoken to the Lenders and put them totally in the picture. You say that he has refused viewings......has the Lender got any Sale Schemes. My Lender was RBS and they have an Assisted Voluntary Sale Scheme in which they market the property and pay ALL the costs.
It is well policed by their Agents and the incumbent is not alowed to refuse viewings or any reasonable offer made. If they do then they are liable for the costs. Saved me/us £5000 !
CHeck with your Lender. Take control. He's a pain to you, you return the compliment.
At every turn remind him that 'its for the kids' guilt can hurt.

amorge

paulmapp8306 wrote: »

Agree about the solicitor.

As far as CSA goes - as far as I know its around 20% of his income for one, and 35% for two. (might be 15% for one and 20% for two). This is before tax though I believe - so if he earns £40k and you have two kids you should get between £6k and £8k for one - and between £8k and £14k for two per year. He will pay tax on all his earnings though so its more than it looks from his POV.

I wish it was that much! My ex earns between £40-£44 and I get £480 a mth for 2 kids.

Do check out the spousal maintenance with your solicitor too, I think I am correct in saying that only kicks in once you're officially divorced and it takes the new partner's assets into account

twinklestars

I have spoken to the bank on several occasions and given them my forwarding address and have never had letters from them.

Its with First Active who are part of RBS and they told me verbally that they had offered the Assisted Sale thing and he wouldnt agree to it. He has refused a viewing as I said and also has taken the for sale board down. The agents are still marketing the house because I wont give my permission for it to come off the market.

He has paid 2 full payments and every now and again to stop action he has paid a small amount. The arrears stand at £13200.

pepe2008

twinklestars wrote: »

I have spoken to the bank on several occasions and given them my forwarding address and have never had letters from them.

Its with First Active who are part of RBS and they told me verbally that they had offered the Assisted Sale thing and he wouldnt agree to it. He has refused a viewing as I said and also has taken the for sale board down. The agents are still marketing the house because I wont give my permission for it to come off the market.

He has paid 2 full payments and every now and again to stop action he has paid a small amount. The arrears stand at £13200.

Thats precisely who I was with, they were ( well, RBS were...First Actives Customer Services are appalling and I won £250 compensation from them for their rubbish service!!!:p). The AVS scheme is excellent.

You must keep every piece of paper that may prove that HE has been allowing debts to mount up in your name against your wishes.
Judges like fairness in Divorce cases, he sounds like an ar*seh*le so try and be just as bad to him.

...and go for Spousal Maintenance! That way you can go back to the Court when you think he has got a bonus and ask for some of it!

.......and how about his new girlfriend and her access to your kids.

Go on, fill your boots, be a pest. x

pepe2008

...and btw....£13200 !!!!!!!!
Have a go at First Active for letting the situation get that bad. Thats irresponsible, the kids weren't living with him ( I assume) so something should have been done earlier.

twinklestars

Thats brilliant Pepe....they are useless...how do u suggest I get £250 compensation from them for my stress in having all this debt being built up and them not acting when its so far in arrears?

twinklestars

No the kids have never lived with him from the day we split...its a joke