Debt from house repo, ex husband and on benefits HELP!
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bubblebabeuk
Posts: 8 Forumite
I'm not very sure which section to post this issue in, I'm desperate for some advice.
Approximately 10 years ago I got divorced, my then husband left and refused to pay the joint Morgan, I'm disabled and have no income other than benefits. The house ended up being repossessed and I was placed in council accommodation.
When the bank (halifax) sold the house there was a short fall of £23,360
They tried to chase me for this amount and I wrote to them pointing out when the joint Morgage was taken out only my husband was working, they took into account I was only in recipt of disability benefits and was unlikely to be well enough to return to work.
I advised them of this, provided ex husbands contact details and reminded them he has a particularly well paid job and probably best to try him first.
I then heard nothing for approx 8 ish years!
Today I received a letter from Halifax advising the debt has been passed to a debt collection agency (moorcroft group) and they would be ensuring the debt will be paid in full. Only I am listed on the letter, clearly my ex never paid it either but it's just me the non working part of the joint morgage being persued.
Although we are divorced we never did a financial settlement or clean break etc.
He has gone on to buy another house recently with a hefty Morgage.
Whilst I have no means of paying this and nothing a bailiff could really sell to raise it, I feel strongly my rubbish ex should be paying it and easily could using one years bonuses.
I'm very hung up on the fact I wasn't working when the debt was taken out and nothing has changed, I'm disabled and this is my reality. I really don't feel I should be being chased for it.
What should I do?
Approximately 10 years ago I got divorced, my then husband left and refused to pay the joint Morgan, I'm disabled and have no income other than benefits. The house ended up being repossessed and I was placed in council accommodation.
When the bank (halifax) sold the house there was a short fall of £23,360
They tried to chase me for this amount and I wrote to them pointing out when the joint Morgage was taken out only my husband was working, they took into account I was only in recipt of disability benefits and was unlikely to be well enough to return to work.
I advised them of this, provided ex husbands contact details and reminded them he has a particularly well paid job and probably best to try him first.
I then heard nothing for approx 8 ish years!
Today I received a letter from Halifax advising the debt has been passed to a debt collection agency (moorcroft group) and they would be ensuring the debt will be paid in full. Only I am listed on the letter, clearly my ex never paid it either but it's just me the non working part of the joint morgage being persued.
Although we are divorced we never did a financial settlement or clean break etc.
He has gone on to buy another house recently with a hefty Morgage.
Whilst I have no means of paying this and nothing a bailiff could really sell to raise it, I feel strongly my rubbish ex should be paying it and easily could using one years bonuses.
I'm very hung up on the fact I wasn't working when the debt was taken out and nothing has changed, I'm disabled and this is my reality. I really don't feel I should be being chased for it.
What should I do?
0
Comments
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Hi,
You do not need to worry about Moorcroft, Halifax have only passed management of the debt over to them, that's all, they do not own the debt, the Halifax does, nothing has changed, send them the same info you sent before, but be careful you do not accept liability for the debt when you write.
They cannot take what you do not have, if you have no assets to realise, there is nothing they can do.
In less than two years time it will become statute barred, and your worries will be over.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
The correspondence from 8 years ago may count as acknowledgement and unless you take advice from someone who knows the law here then writing to them now could be the same and restart the clock.
I agree Moorcroft are nothing to worry about. They are not bailiffs and pretty much never do home visits. I would let them work through their standard letters and ignore everything short of a pre-action protocol letter.0 -
Hi there
Although the letter is only addressed to you, it doesn't necessarily mean your ex husband is not being pursued. Ultimately it is the choice of Moorcroft who they contact, but their chances of recovering a debt increase when they contact all liable parties. From what you have said it sounds like there would be a benefit in them chasing your ex husband as he has a property.
I'd recommend speaking to one of the free debt advice agencies about this. They can offer more advice on when Moorcroft will run out of time to pursue you for the debt, and what other options you have available. You can also find out more about mortgage shortfall debts here https://www.nationaldebtline.org/EW/factsheets/Pages/mortgage-shortfalls/mortgage-debt.aspx.
Best wishes
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
My understanding of The Limitation Act is that, for joint debts, time is not restarted by a joint party making a written acknowledgement but is restarted by payment.
You might not like it but it would be worth comparing notes on this.
Oddly, as things stand, he might be closer to this going statute barred than you are.0 -
thanks for all the advise. I'm feeling much calmer and will write to Halifax and reiterate my situation etc.0
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