Still paying for old CCJ

Mostar2540

Hi, can anyone advise please.
My husband and I took a joint loan out with Northern Rock. The loan was defaulted and cut a long story short a CCJ in my sole name was issued. This was over 14 years ago.  We have since divorced. I continue to pay each month and my ex has walked away from the debt which Is still over £22,000 and attached to my home.  He denies he ever took a loan out (cant find paperwork).  He hasn't paid 1 penny towards the family home since leaving in Feb 2013 and is now taking me to court for 50% of house equity!! (Was negative equity when he left).  So question is
1) After all these years do I have to carry on paying Mortimer Clarke?
2) Can I get the debt removed from being attached to the home?
3) If not, can I track backwards and have my ex's name added to the debt also?
Thanks in advance

sourcrates

Hi,

(1) Yes

(2) No

(3) No again.

Ok, to elaborate, a joint loan means you are both 100% jointly and severebly liable for the debt, they chose to take you to court, but your husband is as liable for the debt as you are.

The CCJ has long since run out of steam, after 6 years, although the judgement does not elapse, the creditor would need to go back to court to further enforce the judgement should you stop paying, the trouble you will have is the debt is secured by a charging order, or a restriction if owned just by you, its a difficult one to advise on actually.

I don`t know if this is an option for you, but selling the house would repay the debt, if there was sufficiant equity, obviously i don`t know the figures involved, but there is no easy solution here.

Thrugelmir

How long do you have before the mortgage balance needs to be settled?

bris

If it was a joint loan then the debt is already in both your names so you are both jointly liable. You can take him to court to make him pay his share, whether he will or not is a different matter.
1. Yes
2. No, they will not remove the charge against the property
3. its already on the debt.

4, there is no 4 but the answer anyway is seek professional help from a family law solicitor.

Mostar2540

Thanks.
The original loan was in joint names I've no idea why the CCJ is in my sole name, he sorted it.
I will just continue to pay it, unless at the financial court hearing this month I am forced to sell.   
Thank you 

Vikipollard

Not much consolation, but would the Court not need to take into account the secured loan on the house in determining any split of assets?  He might want 50% of the equity, but there's £22k less of it with the loan still attached, surely?  You do need professional advice though.

PixelPound

Vikipollard said:

Not much consolation, but would the Court not need to take into account the secured loan on the house in determining any split of assets?  He might want 50% of the equity, but there's £22k less of it with the loan still attached, surely?  You do need professional advice though.

OP says the CCJ was in her sole name, which means the Charging Order will be in her name. Therefore the Charge would be paid from her portion of any equity sale. So let's say the house is sold and after the joint mortgage is paid there is £40K left, that would be split, the husband gets £20K and the other £20K goes to pay towards the debt relating to the charge.

The joint secured loan does not come into it as that is now a defaulted debt.

phillw

Mostar2540 said:

He hasn't paid 1 penny towards the family home since leaving in Feb 2013 and is now taking me to court for 50% of house equity!! (Was negative equity when he left).

I think you're focusing on the wrong thing, let him take you to court. Provide evidence that he hasn't paid anything towards the home since he left, prove what you've paid towards it & what is left to pay on it. If you have a decent lawyer then it should be a walk in the park.
Coming back after 7 years to claim equity on a property he is not contributing to is not going to be easy for him, although you really should have dealt with it earlier.