Husband has court summons for car repossession

societys_child

Yeah, just edited my post to say they didn't bother with trivialities like needing keys lol

[Deleted User]

Do you think you could pay the mortgage on your own?

You could see about getting him off the mortgage to protect yourself. Then you can always sell and downsize (if possible).

Financial associations can be removed so if you can get rid of him and sort yourself off he can be gotten rid off and the CCJ wont affect you.

I have just had two financial associations removed from my history, one was from a mortgage (ex was bad financially) and my dad (gurantor on a loan).

Best of luck though, you have some hard times ahead but don't give up. Plenty of support channels.

Adam x

Amy_Smith

newbieboy wrote: »

Do you think you could pay the mortgage on your own?

You could see about getting him off the mortgage to protect yourself. Then you can always sell and downsize (if possible).

Financial associations can be removed so if you can get rid of him and sort yourself off he can be gotten rid off and the CCJ wont affect you.

I have just had two financial associations removed from my history, one was from a mortgage (ex was bad financially) and my dad (gurantor on a loan).

Best of luck though, you have some hard times ahead but don't give up. Plenty of support channels.

Adam x

I am already paying everything on my own, he contributes nothing. I can't leave because I can't afford to pay rent on top of everything else. I would love to do what you suggest, but he would never leave. Maybe I can apply for a court summons for someone to come and repossess him.

spacey2012

Is his mum still alive ?
Perhaps the offer to warm his pyjamas on the fire and a hot cup of cocco, might tempt him back home to her.
Certainly sounds like he needs the apron strings to hide behind.

[Deleted User]

Amy_Smith wrote: »

I am already paying everything on my own, he contributes nothing. I can't leave because I can't afford to pay rent on top of everything else. I would love to do what you suggest, but he would never leave. Maybe I can apply for a court summons for someone to come and repossess him.

If you can get the mortgage in your name though, then you own it, you wouldn't have to leave..

If that is a viable option, you take over the mortgage etc and file for divorce.

I would be very doubtful if he got anything as he hasnt contributed.

You can then do what you want and move on.

It will be hard, but that may be better than destroying your life for him.

HappyMJ

newbieboy wrote: »

If you can get the mortgage in your name though, then you own it, you wouldn't have to leave..

If that is a viable option, you take over the mortgage etc and file for divorce.

I would be very doubtful if he got anything as he hasnt contributed.

You can then do what you want and move on.

It will be hard, but that may be better than destroying your life for him.

It doesn't work like that. The non contributing partner still has an equal share of the equity....otherwise many more working partners would be divorcing their non working partners and saying they have paid everything so everything is mine.

To take over the mortgage a fair offer has to be made for the equity in the property to get the other persons name off the property's title.

tinkerbell28

I would get him off the mortgage and change the locks.

Chances of him fighting for equity are slim to none, he just sounds like a waste of space.

macman

Amy_Smith wrote: »

Can I just reiterate that it is my husband's car in my husband's name and not me. I won't be accepted in the court room. Are you suggesting that I turn up at the court with the keys and ask the clerk to hand them in?

It's nice to know that I am wasting my time, I was simply asking advice as to how they go about repossession. I don't want to waste the money. I never did, but it's not my debt and they won't listen to me.

Yes. You can't represent your husband without his consent, but there is absolutely nothing to stop you finding the finance co's rep (if they attend) before commencement and handing over the keys and docs. Or just taking or sending them securely to their offices before the hearing takes place. That'll save some of the repossession costs.
They'll still have to tow it due to the flat battery, but he'll save a great deal on the cost of changing the keys and transponder etc.
Though I have to say-with his attitude, why are you even bothering?

[Deleted User]

HappyMJ wrote: »

It doesn't work like that. The non contributing partner still has an equal share of the equity....otherwise many more working partners would be divorcing their non working partners and saying they have paid everything so everything is mine.

To take over the mortgage a fair offer has to be made for the equity in the property to get the other persons name off the property's title.

Yes you are right on that.

I. Just going from experience of my parents divorce. Dad proved mum wasnt contributing to bills and over 23 years even though had at beginning, she then was gradually more counter productive and he supported her event hough she detrimentally cba on bills and rack up mored debts. He walked away with the house car etc and she got one car (hers with the debts on it).

Saying that if he is that much of a lazy idiot, he may not argue it.

I suggest speaking to CAB or a solicitor!

I'm assuming you do want to leave.

meer53

The OP is already financially associated with this waste of space so if she lodges a notice of disassociation with the CRA's now, it will only apply to future financial agreements, it won't help her with whats already happened unfortunately.

If i were the OP i'd still do it though. I also wouldn't be worrying about handing the keys back, just let them turn up and take it away, it's not her problem.