My Ex Wife has a consent order stating she has to pay secured loan, but she isn't taking over debit.

Hi All.

I am in a bit of a pickle, myself and my ex wife have seperate over two years ago and we have been divorce for a year now. During the divorce a consent order has been approved whereby she is now legally responsible for making payments on a joint secured loan. I have her everything including the equity in the home. She agreed that she would take over the mortgage and the attached secured loan with the £190.38 payments each month.

She has been paying me in cash or when she can be bothered through her bank but this consent order was put in place last year and I want her to take over in full. She blows hot and cold with me and I worry every month that she won't give me the cash for the direct debit coming out of my account. I have a professional job and I don't want to fall behind on payments because my name is still on the loan.

I have spoken to Santander who have taken over the alliance and leicester loan but they keep sending direct debit mandates out to her address and she denies she has ever received them.

Can anyone help and tell me where I stand if I cancel the direct debit, they would then have to chase her for the money or am I wrong. I could do with some advice people because I am really at my wits end trying to be amicable.

My new partner is alps pregnant and I have a feeling my ex is scorned by this and may not pay this month's bill.

Any help would be appreciated.

Comments

  • Comms69
    Comms69 Posts: 14,229
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    Santander might chase you or her; but why haven't you gone and enforced this order back at court?
  • TBagpuss
    TBagpuss Posts: 11,198
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    Santander could chase you or her , but if the loan payment isn't made it will affect both of your credit records. The bank isn't bound by the court order, you and she are, and if she breaks it by not making the payments, then you are entitled to take her back to court to enforce it, which might allow you to claw back from her, anything you' paid towards the loan, and potentially interest as well.

    If she is claiming not to have had the DD forms, could you ask Santander to give you one and then give it to her directly.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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