Reposession & BR & ex husband

dr4gonfly

Hello

I made myself bankrupt in May this year after my abusive ex left me in thousands of pounds worth of debt and refused to pay half. The major debt was a mortgage current account which he took all the money out of without my knowledge to the amount of £15k. There was also the joint mortgage £93k and a few other debts.

It was my choice to go bankrupt as I simply could not afford to keep paying them, especially as i had to flee the address and was paying for 2 houses.

As part of the divorce a order was put in place that the house had to go on the market (this was decided in Feb 2011). Due to his violence I could not go back to the house even when it was empty.

In June after my bankruptcy I handed the keys back to Barclays and told them I wanted no more to do with the property. I did not sign one of their forms but wrote my own letter saying I was bankrupt...

My ex moved back in around July and to my knowledge he was paying the mortgage. My experian report showed that it wasnt being paid so in October I rang Barclays and they said that it has not been paid since my last payment in April! Initially they were going for a full reposession order and put me in touch with their solicitors, I told them the same story that I was bankrupt, had declaired the mortgage as part of my bankruptcy, wanted nothing more to do with the house, and had asked for voluntary reposession... they said that they were waiting for a court date and they would contact me back.

The day after I received an email saying that they had agreed a repayment scheme with my ex and he was to pay the missed payments over 5 years. They are now going for a suspended reposessions order, the court hearing is in December. :mad:

I have filled in the form to the courts but not sent it back in saying the above. I have also told the solicitors that my ex is very likely to be going to prison soon for what he did to me and they would be getting no further payments after that (he has been found guilty for one offence and is waiting sentencing).

I also know he is in debt up to his eyeballs as he is now accountable for the debt he accrued with me and about £30k of his own so will not be able to pay for it. He is under the impression that he can sell the house, spend the money and then go BR...when he gets of his backside and sells the thing!

All I want to do is get rid of this house and cant believe that after thinking finally I was getting rid of it they have done a deal. Apparently after this repossession order if another payment is missed they give 7 days to pay back or they just repossess the house.

I dont want to be financally tied to my ex any more ( he doesnt know where I live and Barclays in the past my ex has managed to change my address to his mums so my post would be sent there, I had to complain and it took 3 months for them to remove it from my records). I dont trust that they will keep my new address secret. The Or agrees and he has taken my address off the insolvency register.

Also I cannot go to court when he is there due to his violence.

Any ideas or suggestions on what I can do or what will happen? Will the OR lay claim to the property and make it go on the market (there is about 4k equity).

Any ideas, advice or suggestions greatly appreciated.

NeverAgain_2

You are bankrupt and say you want no more to do with the house.

Why are you bothering with any of this?

Leave it to Barclays and the ex to sort out.

dr4gonfly

Hello

I'm trying not to sound like the bitter ex who is doing everything to make his life hell.

I'm bothering because I am told the property is still jointly mine and I am still half responsible. After going bankrupt I don't want a further ccj which will affect my credit score for another 7 months. I have asked that he buy me out but he won't.

My ex whilst I am financially tied has a possibility of getting my new address.

I want to cut the ties and want to know as the mortgage and house is the only finanvial thing we have. I thought the bankruptcy would resolve this.

Sadly it seems not so wanted some suggestions and ideas.

Best wishes

fermi

dr4gonfly wrote: »

I'm bothering because I am told the property is still jointly mine and I am still half responsible.

On paper, yes.

But in all practical terms the bankruptcy order means they cannot take legal action against you personally.

They may take legal action on the property to repossess and sell, but if they do any liability of yours for a possible shortfall falls into your BR.

The mortgage company may word things in their letters to give the impression that they can take action against YOU, but they cannot.

dr4gonfly

Thank you for that information. I got a form from the court asking basic questions such as did I agree with what the bank were saying, did I get the letters (I didnt because they were going to my old address and my ex was not passing them on)... I've filled it in, the majority of it I've said to refer to my bankruptcy file. I've put that I support the bank in possessing the house. Do I need to send it in?

Best wishes

fermi

I would certainly return the forms and maybe even attend.

Helps if the judge is fully aware of the circumstances.

debt_doctor

fermi wrote: »

I would certainly return the forms and maybe even attend.

Helps if the judge is fully aware of the circumstances.

I agree.

I would also say that sometimes an adviser (your ex's adviser in this case) might put forward an offer based on contractual payments plus catching up arrears over time just to buy more time for their client to get another place to live, even though the client can't keep to it.
Ultimately you will get what you want as you said earlier "he will be going to prison......." then there will be no one paying the mortgage then so possession will result.

DD