Court order to state that someone is untraceable?

Sarahsaver

Ex H has been uncontactable for about 4 years, his family dont know his whereabouts, the bank will gove me a new deal on my existing mortgage (his name is on it at the moment) IF i get a court order stating that he is 'untraceable'
The court dont know what they mean i have spoken to the court
The free legal advice helpline were useless.

Does anyone know about how to do this?

i cannot report him as a missing person already tried that last year, police took the report then got back to me saying if I had 'due cause for concern' for his wellbeing they would have made it official.

galvanizersbaby

Sarahsaver wrote: »

Ex H has been uncontactable for about 4 years, his family dont know his whereabouts, the bank will gove me a new deal on my existing mortgage (his name is on it at the moment) IF i get a court order stating that he is 'untraceable'
The court dont know what they mean i have spoken to the court
The free legal advice helpline were useless.

Does anyone know about how to do this?

i cannot report him as a missing person already tried that last year, police took the report then got back to me saying if I had 'due cause for concern' for his wellbeing they would have made it official.

Hi Sarah saver
I've never heard of this but will check with my neighbour (a solicitor) when I get home from work if nobody on here can help - it all sounds a bit complicated but could you not 'have due cause for concern for his wellbeing' - even if this isn't the case as he's been out of contact for 4 years - then perhaps the police would make it official as assumably you won't want his name on the mortgage forever?

Mips

What a frustrating situation!!

Have you tried the CAB?

You could always contact another Mortgage company.. pretending you want to switch and try and glean some information on this process...

Sarahsaver

galvanizersbaby wrote: »

Hi Sarah saver
I've never heard of this but will check with my neighbour (a solicitor) when I get home from work if nobody on here can help - it all sounds a bit complicated but could you not 'have due cause for concern for his wellbeing' - even if this isn't the case as he's been out of contact for 4 years - then perhaps the police would make it official as assumably you won't want his name on the mortgage forever?

The law is not fair in this respect regarding people who have been subject to domestic violence! how can i say i am worried about him when the police have records to suggest very much otherwise!!!

I know, this is a complicated scenario, imagine explaining it to the bank :eek:

Failing this, anyone know how to find out whether he is still alive? Are deaths of UK citizens abroad recorded over there and/or are details sent back to the UK?

floss2

Have you tried the Salvation Army? They have a tracing service....or at least they can try... http://www1.salvationarmy.org.uk/familytracing

Or why not ask a member of his family to confirm in front of a "solicitor for oaths" that they do not have contact with him & have not had for over 4 years....that would be an affadavit, which the court might accept as evidence to give an untraceable decision.