Estranged Husband still running up debts-help

TBagpuss

The fact that it was accepted by the court dealing with Amigo's claim that he had little financial interest in the house doesn't mean that he won't be entitled to a share of the equity as part of the divorce settlement. However, in determining what his interest in the property is at that time, the (divorce) court is entitled to look at all the circumstances, including the length of time they have been separated, to determine what his interest would be.

In terms of serving the petition - what was the basis of the previous petition (e.g. 2 years separation / adultery?) If it was 'unreasonable behaviour' then she should not need to re-issue it and spend another £550 - she may do better to look at applying for substituted service or deemed service, if the issue is that he is refusing to respond. Has she taken any proper legal advice about the divorce? Even with a petition based on 5 years separation, it still needs to be served on him.

Peterpan18

National_Debtline wrote: »

Hello again,


This is a complicated matter and I can understand that you may want to challenge any further securities that may be made against your sisters property. Realistically, I think this is quite specialist issue and you will need some legal advice.


Because he is named on the property I can see why other posters feel a charging order should be able to be secured easily. However, based on the circumstances, and what you have said about the charging order hearing being adjourned., it may not be that straight forward. There could be issues of undue influence, abuse etc. And it is possible they may have secured the charge under his beneficial interest (which can be done under S2 of the Charging Orders Act 1979, and done under the case of Walton v Allman). Challenging this is likely to go beyond the Ombudsman and you'll need a solicitor.


The only other thing I can suggest to help is a CIFAS alert on your sister's credit file which may help stop him using her address (a fraud warning is then placed against the address and will be flagged up if applications are made using that address). She can also report her concerns to Action Fraud about him fraudulently using her address but I am afraid that is all that can be done.


Laura
@natdebtline

Thanks Laura for the positive input, it seems from what you have said I need to concentrate on protecting my sister assets rather than stop him getting further credit. I have at least 7 letters from debt collection agencies and one from bailiffs, all sent to her address for him and to be fair most have backed off once contacted and the situation explained. But she doesnt need this, I could fill a page with the stunts hes pulled to get credit, loans, mobile phones, bank account etc all have ended with my sister having to deal with the fall out from them. He even has a business providing care for the elderly, that seems to avoid getting "hit" by his conduct.
There is no doubt in my mind that he is an out and out confidence trickster.
My Ombudsman point was with regard to Amigos conduct (you know how they work, paying the loan money to the guarantor who then gives it to the loan applicant). They were happy to do that, I assume after checking his mothers credit, but when it came to enforcing the loan with his guarantor they failed so then came after the house and they were extremely unpleasant about how they did it. I often wonder if it was his mother who actually stood for him or did he pull another con trick and use someone, like his current partner, to pose as her?
Anyway will look into your advice and see if we can tackle it from that angle, thank again.

Peterpan18

TBagpuss wrote: »

The fact that it was accepted by the court dealing with Amigo's claim that he had little financial interest in the house doesn't mean that he won't be entitled to a share of the equity as part of the divorce settlement. However, in determining what his interest in the property is at that time, the (divorce) court is entitled to look at all the circumstances, including the length of time they have been separated, to determine what his interest would be.

In terms of serving the petition - what was the basis of the previous petition (e.g. 2 years separation / adultery?) If it was 'unreasonable behaviour' then she should not need to re-issue it and spend another £550 - she may do better to look at applying for substituted service or deemed service, if the issue is that he is refusing to respond. Has she taken any proper legal advice about the divorce? Even with a petition based on 5 years separation, it still needs to be served on him.

You are probably right about the Divorce court assessing his interest based on the history of the relationship and if my sister has to take a hit on her equity so be it.
It seems that my sister used an "on line" solicitor and allegedly they have served him twice (and charged her twice) with no response but I need to look into that further. Should that be the case she can use that service to go forward with the 5 year divorce providing she can prove attempted service. I would have thought that if this online solicitor was any good they would have automatically gone down that route already so I need to shake this solicitors e mail address and find out what is going on.