also think I have done a stupid thing

futurefree

I changed address a year ago but I didnt tell the OR should I have? genuinely this was an oversight from when i moved. I did decide not to tell the mortgage lender my new address, my bankruptcy was discharged in 2012 but I'm still on a mortgage with an ex (he wont move out, sell or take my name off) I just got fed up with mortgage statements still coming to me for a property I have not lived in for 8 years so I didnt tell them. Before I moved I always gave them my address over the last 8 years its just been the last 12 months they dont know where I live. Another thing is I tried to get my credit record online today, I used my previous address on the phone with equifax, its not like me to lie but I'm scared of bailiffs coming to my new place chasing me for the new debt ex is adding onto old joint mortgage. they must know I dont live there anymore as they were asking lots of questions about addresses. I know it was stupid of me, just really stressed out. If I call them back with my new address would bailiffs come here even if i have discharged bankruptcy? Thanks all

mwarby

Thats a big block of text and that makes it a bit difficult to follow

If you where discharged in 2012 there is no need to keep OR informed of changes to your address

Re your old mortgage, it sounds like you need to sort this out properly, for a start I would inform lender that you do not agree to any further joint lending.

National_Debtline

Hi Futurefree,

I am not sure I understood all of your message, but I hope some of these points help.

futurefree wrote: »

I changed address a year ago but I didnt tell the OR should I have? If you have been discharged this shouldn’t be an issue. genuinely this was an oversight from when i moved. I did decide not to tell the mortgage lender my new address, my bankruptcy was discharged in 2012 but I'm still on a mortgage with an ex (he wont move out, sell or take my name off) I just got fed up with mortgage statements still coming to me for a property I have not lived in for 8 years so I didnt tell them. Before I moved I always gave them my address over the last 8 years its just been the last 12 months they dont know where I live. Another thing is I tried to get my credit record online today, I used my previous address on the phone with equifax, its not like me to lie but I'm scared of bailiffs coming to my new place chasing me for the new debt What is the new debt for? Do you mean debt that you have taken out in your name since going bankrupt? ex is adding onto old joint mortgage. To secure debt on a a property that is in joint names he would require your consent/ signature. If you haven’t given this it is very unlikely the debt is secure. they must know I dont live there anymore as they were asking lots of questions about addresses. Equifax must verify they have the right person before sending the credit report. If you have some things at a new address and some at an old address then this could mean your information is not marrying up – which could be an issue in getting your credit file. I know it was stupid of me, just really stressed out. If I call them back with my new address would bailiffs come here even if i have discharged bankruptcy? What debt are the bailiffs chasing? If it was a debt that was included in the bankruptcy then your liability to the debt would have ended. If it is a new debt, you will need to elaborate what it is so that future posters can help you. Thanks all

Laura
@natdebtline

futurefree

Hi mwarby
thanks for your reply. I did get discharged in 2012 its good to know I didnt do anything wrong by not informing OR of change of address. I'll stop worrying about that part now.
Re the lender adding secured debt, I have written loads of letters to them but they keep repeating that they will continue adding any unpaid service/maintenance charges to protect their security. Thanks again

futurefree

Hi Laura,
I was discharged from bankruptcy in 2012. when i filed for bankruptcy I included a mortgage that I hold jointly with ex in the paperwork. He has always lived in the property he wont move out/sell.
The new debt has occured after my discharge but it is not debt I have applied for. Its happened because ex is not paying the maintenance fees at the property so the leaseholder applies to court gets a ccj then the lender pays it by adding it as a secured loan to the mortgage.

I think my only option is to go to court and ask them for an order of sale, I think this is the only way to stop the lender adding extra secured loans. Do you know any other way I could stop them? I cannot pay the maintenance fees as I rent my own property. Thanks

National_Debtline

I have replied in more detail in your other thread (https://forums.moneysavingexpert.com/discussion/5553796) about the liability issues.

As far as an order for sale is concerned, I am afraid I don't know how you could do this and you would need legal advice. What I can say is if there is an up to date suspended possession order in place, or if the mortgage lender doesn't want to enforce a defaulted one, I don't know what grounds you would have to force a sale. I believe both parties have to consent to a sale.


Can you write to the service charge company and have your name removed from future liability because you can prove you no longer live there? What do the terms and conditions say about removing your name?


Laura
@natdebtline

silvercar

Can you write to the service charge company and have your name removed from future liability because you can prove you no longer live there? What do the terms and conditions say about removing your name?

That is rather a weak statement. What company is going to agree to remove someone's liability when they know that there have been problems getting payments in the past? As the OP is joint owner on the lease they are jointly responsible for the service charge. It would have been a condition of the mortgage that you are responsible for the service charges.

It seems that having the lender pay the charges to protect their security, may give you a get out if the property is eventually repossessed.

Option B is of course to pay the service charges. This may be unpalatable, but if it is a new debt post bankruptcy that you are liable for, then there would not be a legal reason to prevent you paying it. (In the same way that old gas bill arrears would be included in your bankruptcy, but you would still be expected to pay a new gas bill.

futurefree

Silver car you are right re the leaseholder, I wrote to them to explain the situation but they were not interested. I have not lived at the flat for 8 years, they said they know ex is sole occupant but he has not paid. I explained that i cant pay as after paying my rent/bills there is very little money left from my wage.
I'm in a catch 22, I pay my rent/bills for somewhere to live but am still liable for the place my ex lives in, the lender wont remove me (unless the arrears debts are cleared 15k) - but is adding a further 10k in unpaid service charges ( which are also gathering arrears as ex is paying the secured mortgage payment only)
I'm losing the plot......