Additional card holder issued CCJ by Ex partner

bris

I don't believe passage of time is relevant here. Seven months is a short period of time considering the circumstances. To get a name taken off the mortgage would be a long process, maybe even seven months to arrange, if it had to go through the refinance stage all over again.
The terms of the contract were met, the name was taken off the mortgage, deal done, pay up.

hugoshavez

gavandcarly wrote: »

I am unreservedly prepared to accept point (1) of your clients proposed settlement on the condition that I am indemnified and released from the mortgage first; should this criterion be satisfied, I will happily pay the whole sum of the credit card liabilities of £1200, as a sign of my goodwill.

Question for the legal eagles: (or anyone else if I'm missing something obvious;))

There appear to be two conditions here. Why no requirement to satisfy the first?

chattychappy

bris wrote: »

I don't believe passage of time is relevant here. Seven months is a short period of time considering the circumstances.
...
The terms of the contract were met, the name was taken off the mortgage, deal done, pay up.

A contract wasn't agreed during this period. The OP made an offer. The mechanics indeed might take a little while, but the ex could have accepted the offer promptly and then got on with it. Then there would be a binding agreement. As it was, the ex didn't reply - but just got on with it. So the ex is left trying to establish that in doing so she was accepting the OPs offer. I don't think that is a difficult hurdle, but it is in doubt, IMHO. It is odd not to have explicitly agreed to the deal.

hugoshavez wrote: »

Question for the legal eagles: (or anyone else if I'm missing something obvious;))

There appear to be two conditions here. Why no requirement to satisfy the first?

Well spotted. In this context, I'm not really sure what it would mean - if the OP is no longer on the hook for the mortgage, I'm not sure what would be left to require an indemnity. Also the ex could argue that indeed she has been indemnifying the OP during this time, so the condition was met.

gavandcarly

After she sent me the email in regards to name removal, I replied with:

I think it would be best we continue to communicate over email, let me know what information you need from me and what the process involves

Thanks

and then she responded with:

This would much more easily discussed. I have been doing so much work in the background I wanted to make this easier on me for once.

I have instructed a solicitor, you need to sign a TR1 form, pay some fees, give me the money you agreed to. I am not going into more detail on e-mail I am extremely busy, hence why I wanted 5 mins of your time.

I replied with:

Can you send me all the information to my address please, and we will take it from there. thanks

She replied with:

I am sending the stuff to the solicitor they will send on to you.

Can we arrange payment of the 1200 plus half the fees for this name removal then we totally done?

I replied with:

How much are the fees?

She replied with:

I have paid 150 to natinwide and I think its 350 for conveyancing, land registry etc. Expensive but can't do it without.

I replied with:

Ok cool,

Once I get all the documents and stuff we can organise the date for the payments, cheers

I then did not receive any document for a month, so I emailed asking if she know if the forms had been sent or not.

She replied with:


I gave them ur address prob 2 weeks ago now more even.

I will chase them tmorrow.

What about getting the money sorted?

I replied with:

Like I said once I have all the paperwork I will

she replied with:

Ok so what's the reason for waiting, can't see why the two issues can't run in parallel?? Want this all tied up asap pls.

I responded with:

Did you find out when the paper work will be sent?

She replied with:

you didnt answer my question - i am keen to get this money sorted - these two are not linked!!!! I want to know when I am to receive it.

some paperwork has been sent to you so should be there any day now

She herself there states that the two are not linked.......

I replied with:

Not prolonging it, something came up.

Will get the paperwork to your solicitor by the end of the week can you confirm the amount that I need to give you. Thank you.


she replied with:

Well 1200 to start as agreed, I won't know about this transfer of equity until is complete I think about 600 in total so 300 for that approx.

I then did not hear anything back about my name being removed from the mortgage, however she kept emailing me requesting the money, I did not reply to her. She then threatened to take me to a small claims court, and that is exactly what has happened.

sharpy2010

gavandcarly wrote: »

I really don't want to have to pay her this money, its her credit card... and her debt... I have already given her the house in which I invested money in.

There you are, proof that the divorce/splitting up procedure is inherently unfair, and that furthermore women are grasping and evil individuals.

gavandcarly

I just feel like, I have given her the house, I have not asked anything from her, we split up nearly 4 years ago, and she is still trying to pester me.

I am not giving in this time I will do whatever it takes, she will not be getting the money from me...

However I would love for the court to tell her that, maybe then she will finally leave me alone.

Kyresa

gavandcarly wrote: »

She replied with:


I gave them ur address prob 2 weeks ago now more even.

I will chase them tmorrow.

What about getting the money sorted?

I replied with:

Like I said once I have all the paperwork I will

And that is your problem right there.... You've reiterated your deal and she's relied upon it.


A Judge will ask why are you not paying when you said you would. You will answer well she's got half the stuff - yet you knew that when you made the offer etc.

Get the set aside, and be prepared to fight when it goes to a hearing!

What happens to a judgement that is 'set aside'?
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and you have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim. Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the County Court Register until a new judgment is made.
If a new judgment is made it will be recorded for six years on your credit file from the date of the new judgment.

gavandcarly

I did not state anything about the £1200 after the solicitor letter that was sent to her 7 months previous.

She was the one requesting it the £1200 in her emails.

I did however state that it would be sorted once all paperwork was received, but she was also requesting money for the cost of transfer of equity in which I could of been referring to that as I did respond to one of her email requesting how much the fees were.

She herself stated that the two are not linked (mortgage transfer and credit card fees)

Therefore if they are not linked I should not owe her anything as the credit card debt it hers not mine...

MoneyMagic01273

gavandcarly wrote: »

I did not state anything about the £1200 after the solicitor letter that was sent to her 7 months previous.

She was the one requesting it the £1200 in her emails.

I did however state that it would be sorted once all paperwork was received, but she was also requesting money for the cost of transfer of equity in which I could of been referring to that as I did respond to one of her email requesting how much the fees were.

She herself stated that the two are not linked (mortgage transfer and credit card fees)

Therefore if they are not linked I should not owe her anything as the credit card debt it hers not mine...

You keep repeating over and over that the debt is not yours. In fact it is.

The orginal credit card debt itself may not be yours - but when you made the agreement to pay her £1200 you technically have created a debt to her. Just because the amount of your debt to her - or the reason for her asking for this amount - is that it represents 50% of her credit card debt, its a debt you have created to your ex.

I think that anyone reviewing that email chain would take your ex's side on this to be honest. Not least because your subsequent email conversation with her confirms the process to remove your name is underway and that both parties are still on board with the terms of the agreement. In fact you clearly reiterate your intent to settle the money with her.

I respect people advising you on your chances of getting off scott free here - but you did in fact make a clearly set out agreement with your ex. With the benefit of hindsight you may well say "its not fair" however at the time you pretty obviously agreed to these terms. I do empathise with you. I've also done many things I have later regretted, however begrudingly or not, I have always followed through with my moral and legal commitments. Can't help feeling that this is what you should be doing too.

Ironically if you had posted a thread saying "my ex is saying I have to pay half her credit card" I'd probably be posting a response right now saying you should tell her to go whistle. But thats not what you did.

At the time you clearly wanted your name of the mortgage and to be shot of her (which is absolutely fair enough) but achieving that came with a cost attached to it, which you said - in front of a solicitor - you were prepared to pay.

Kyresa

gavandcarly wrote: »

I did not state anything about the £1200 after the solicitor letter that was sent to her 7 months previous.

She was the one requesting it the £1200 in her emails.

I did however state that it would be sorted once all paperwork was received, but she was also requesting money for the cost of transfer of equity in which I could of been referring to that as I did respond to one of her email requesting how much the fees were.

She herself stated that the two are not linked (mortgage transfer and credit card fees)

Therefore if they are not linked I should not owe her anything as the credit card debt it hers not mine...

It's quite obvious when referring to "getting the money sorted" that that is what she is on about - she's relying on your original PROMISE that once things were sorted out, you'd pay that money.

The £1200 is what you agreed to pay her, as many have said, it's not about a credit card debt, it's money that you agreed to pay her (it could be for a new duck house for your pond for all a Judge would care, the fact is you agreed to pay the sum of £1200 in cash, to her).

Like I've said, get the set aside, but be prepared for a big fight as if I was the advocate in this one I'd have a bit of a field day with your promises !!