Credit File - Breach of Divorce-Consent Order

KKT2

Thanks for your discussion comments,
No there is no equity in the house, its on a repayment mortgage since the beginning. The youngest child is 18 in August. 
I have received a letter today from the mortgage lender to inform me that yet again a payment has not been made!

The order specifically stated that he was to reduce the arrears, continue to pay the mortgage and to his best endeavour's to re-mortgage the property.
I'm the respondent, I would assume its form D11. 
To enlist a solicitor is £1,000 starting fee, each order has a fee, any court appearance has a fee attached per hour, and you  can be left waiting.. Legal Aid does not exist - esp if you work, even on a low wage as I had an assett - the house!
I've applied to pro-bono, through my GP - didn't happen. 

And no I do not engage conversation with the ex. A letter to remind him, however I think this is not neccessary as the order is dated Dec 2017.

RAS

KKT2 said:

GDB2222 said:

Did you have a solicitor for the divorce?

No, I did not, I did it all myself

I'll rephrase that. 

You don't need a solicitor for a divorce.

Did you have one for the consent order? Costs about £900 today

KKT2

Yes i have a financial order

GDB2222

So, to sum up

At the time of the divorce, there was no equity in the property, ie the house value was more or less the same as the mortgage secured against it. And, there was a child aged around 12-13 living in the house.

Since then, has the loan amount gone up or down?  Likewise, has the house value gone up or down?

Under the divorce agreement, did you retain any interest in the house?

KKT2

GDB2222 said:

So, to sum up

At the time of the divorce, there was no equity in the property, ie the house value was more or less the same as the mortgage secured against it. And, there was a child aged around 12-13 living in the house.

Since then, has the loan amount gone up or down?  Likewise, has the house value gone up or down?

Under the divorce agreement, did you retain any interest in the house?

Not sure why any of this is relevant.

At the time of divorce no equity in the house, valued less than the remaining mortgage, at the tiime the child was 13/14

Under the agreement I held NO interest in the house - my only bargaining tool was the Land Registry documents, which has now been signed over as per the court order. But the Applicant (x) has not maintained the court order by not re-mortgaging, selling or whatever to remove me from the Mortgage. The youngest child is 18 in August, has left School Education. 

I would appreciate what document i need to enforce the order as the Respondant, and to what cost? 

housebuyer143

KKT2 said:

GDB2222 said:

So, to sum up

At the time of the divorce, there was no equity in the property, ie the house value was more or less the same as the mortgage secured against it. And, there was a child aged around 12-13 living in the house.

Since then, has the loan amount gone up or down?  Likewise, has the house value gone up or down?

Under the divorce agreement, did you retain any interest in the house?

Not sure why any of this is relevant.

At the time of divorce no equity in the house, valued less than the remaining mortgage, at the tiime the child was 13/14

Under the agreement I held NO interest in the house - my only bargaining tool was the Land Registry documents, which has now been signed over as per the court order. But the Applicant (x) has not maintained the court order by not re-mortgaging, selling or whatever to remove me from the Mortgage. The youngest child is 18 in August, has left School Education. 

I would appreciate what document i need to enforce the order as the Respondant, and to what cost? 

The order said to best endeavours,. Doesn't seem like a timeframe is on there? He could easily argue he tried to do this and couldn't get accepted. Clearly there are affordability issues here, that being said, he must be on the SVR now which can't be good for him as it's likely rocketed. It's probably in his interest to remortgage on his own for this reason alone, but I suppose it depends if he can or not.