Arrrgghh i can't be the only one !!!

Sedgetheledge

:mad: in 1986 i bought a flat with my ex partner. by 1991 our relationship broke down and i moved out of the property with our 1 year old daughter and lived with my parents (it was only a tiny 1 bedroom flat) my ex partner agreed tha he would stay in the property and pay the mortgate...I told the building society the day i moved out what was happening.

about a year later i got a letter from the Leeds Building socitey to say that he hadn't paid the mortgage and had now run up arrears!! Obviously i panicked and spoke to to him and he didn't care and had moved his new girlfriend in.

I sought legal advice to get him out of the property so it could be sold,and my solicitor wrote to him asking him to comply or take my name of the mortgage... he didn't and ignored all my plea's to get out of the property.

The Leeds then were bought out by the Halifax and because of this my ex partner was given a large sum of money (as his name was the lead name on the motgage) i never got a penny. Oh and by the way i wasn't getting any financial support from him for our daughter and never have done (she is now 17)

after numerous letters from the Halifax to him, telling him (and me) that they were going to reposess it they still hadn't done anything about it or him.

I pleaded with them to do something but they ignord me. I even made an appointment to see someone at the Halifax branch in the early 1990's i was basicly told to go home and forget about it as there was nothing i could do !!!! furiuous about this and toatally fed up with the whole thing and being a single parent i had no choice.

Some years later i found out the property had been sold ( i only found out as i went round and knocked on the door)

The Halifax have been chasing me for the whole debt £34k for at least 10 years now!!!

I have tried and tried and tried to tell them that if they had taken notice of me all those years ago this wouldn't have happend but no one would listen to me and still no one is...

I have told them to speak to my ex partner as it was he that run up the debt NOT me. but they say its 'None of my business'
I am sick to death of writing to them and explaining over and over again the whole story. I have a massive file of paperwork where i have tried and tried to resolve this but no one will listen to me.

Today i have received ANOTHER letter harrasing me about it.

The last one was the day after my brother suddenly died and the one before that i was signed off work with stress !!

What can i do to get these people off my case???

I even offered them a full and final settlement about of 2k but they refiused it!!!

Can they still can't chase me for this after all these years???

If i have to go to court i will as this whole Saga has been a nightmare and not one person has listned to my side of the story.

To top it all my ex partner claims benefits and works !!!! and STILL doesn't pay me any money, i've tried to tell the benefits people but they don't seem to care either!!!

Is this how i get treated for being responsable !!!!! I can't be the only person out there that this is happening too... Today i filed a complaint with the Banking Ombusdman who told me that in theory the debt couldn't be claimed after 6 years if No correspondence had been made in that time... But as i am an upstanding citizen and not a debt shirker i have always tried to resolve this.... Is this how i get treated... My ex Partner has never reSponded and as far as they are concerned he may as well be dead now !!!

THIS IS SO UNFAIR AND VERY UPSETTING

MortgageMamma

I'd be blowing a fuse on that one too, sorry this has happened to you, the world has gone mad hasn't it?

MM

silvercar

Can they still can't chase me for this after all these years???

I understand its 12 years from when you last acknowledged the debt. 6 year rule is for non-secured debt. By offering them some money you would have ackowledged the debt.

They are probably chasing your ex as well as you are jointly liable. Not much help to you I know.

Good luck with your complaint. At the end of the day they can't have money you haven't got.

jamesd

A good and sad example of the implications of joint liability.

See if they are willing to settle with you for half of the debt and continue to chase him for the rest.

Were the two of you married? Who was the owner according to the Land Registry/deeds? Was the property sold willingly or by repossession?

Sedgetheledge

No we were not married. His was the lead name on the Mortgage and subsequently got a nice little compensatin pay off when the Leeds were bought out by the Halifax !!! I didn't get anything.

Eventually it was Reposessed (without my knowledge) and sold for some rediculous amount which was well below the current market value and didn't cover the outstanding amount (no doubt an inside job) but it was there choice to sell it for that amount !!!! They told be they were going to reposess it about 8 times over the course of about 5/6 years !!! God knows why they didn't i had asked them to years before that as i knew that he would jsut stay there and run up huge debts, but they didn't seem to care. I offered them a final settlement amount of 2k ( i know its not much) but all i could borrow off my parents at the time as i am a single parent but theuy would only accept 6/8k Huh as if i have that much sitting around in my bank account !!!

These people are so far removed from the real world....

Thanks for everyone's support, i really thought it was just me !!!

Sedgetheledge

Oh by the way, they say that it's none of my business as to weather they are chasing my Ex or not !!! Charming eh....

TAG

silvercar is correct with regard to the 12 year rule on mortgages.

What puzzles me is, if the Halifax have been corrosponding with you for all this time why did you have no knowledge of the repossesion?

Also when you bought the property did you take out Indemnity Insurance? If so did the Halifax claim on this for any mortgage shortfall?

Sedgetheledge

No idea why they didn't tell me. I went round there and knocked on the door to ask what the situation was... They guy thought i was really wierd i think!

I have no idea about the indemnity insurance!!!! I have no copies of the actual mortgage agreement. How do i find all this out..

Thanks for you're help!

jamesd

Crazy that it's none of your business but that is actually the answer they are supposed to give.

Since you didn't own the property (not on the deeds) you wouldn't have been entitled to any profit from the sale if it had been sold by him. Since it didn't cover the mortgage you're liable for it all unless they freely choose to let you have only half of the debt. Make that a condition of any offer you make.

Make sure that the mortgage company is aware of his true income with details of all employers, since them getting as much as possible of the money from him is your best hope.

Beware: they may settle with him for less than half, leaving you with a larger than half debt owed. The first of you to come to a settlement is likely to be the better off one so far as this debt is concerned.

Cute_'n'_Quirky

Explain please Jamesd - if the OP was not entitled to any profit from the sale of the property how is she liable for the loss occurring on the property?

homer_j_3

Cute- I dont understand where James has got the info about not being named on the deed as I cannot see it for the life of me. I have weary eyes at the mo so it could be tiredness.

However, if you are named on the mortgage, you are responsible for the debt - it is not responsible for your share of the debt but for the whole of the debt.

The lender will persue each named party to the mortgage independently and if one party pays it all and the other doesn't they do not care. All they want is their money.

Halifax at present do charge a HLC (new word for the old indemnity guarantee) so it is quite possible this was in place. This guarantee has no bearing on the claim whatsoever though so do not waste your time trying to find out as you cannot use this as a reason not to pay. It will probably be the insurers that are chasing you to claim their money back or asking to see proof that the lender have fully taken steps to fully recover this money before they will pay out.