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Moon phases


Shoosmith after debt from house repossession

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Post by waylander62 on Fri Nov 09, 2018 8:43 pm

@Rachel wrote:I am a lot clearer now as to where I stand and what can be done

good, one more bit of advice, before you see a solicitor make sure you have any evidence with you if they see evidence and think they can win for you then they will be more likely to go ahead with the case.

keep us posted though please

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Post by Rachel on Fri Nov 09, 2018 8:46 pm

Ok thanks and will do

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Post by assassin on Sat Nov 10, 2018 1:34 am

As above, the contract was a tri party contract between all three parties and a Judge would look at the contrary contract and see if your ex did fully agree to pay the mortgage and if this is stipulated then the bank would not need your name on the contract and the judge could order it be removed as the other party (ex hubby) had accepted liability for the payments. If you have a record of phoning his work and them stating he was still working then show them the letter from him stating he wasn't working then you have him at different levels.

1) Fraudulent misrepresentation with intent to defraud as defined by the Fraud Act 2006.
2) Theft Act 1968 by causing you a loss of tangiable or intangiable assets whether temporary or permanently.

However, all is not lost if you don't have the letter as you can get your solicitor to do a check against Tax and NI records to see if he was working or not, in addition a further check against DWP benefits records would show if he was claiming benefits for this period.

This still leaves the option of bringing a case against him for your losses, harassment, and potential losses through his fraud.
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Post by assassin on Sat Nov 10, 2018 1:45 am

@Rachel wrote:This separation agreement  was drawn up with my solicitor. Passed on to his solicitor  He agreed it and signed it and sent back to me and my solicitor.
He definitely said he would take full responsibility for the mortgage. He told me he had got advice and that he could afford it. Then he did not pay it. He then sent a letter stating he was no longer working and couldn’t afford it. And couldn’t afford to put house on market!!
I called his work and this was not true. He still has that same job today.
I’m not sure about the end part whether his solicitors foreseen and acted with gross negligence.
But I’m definitely going to look into this.
Thank you

Thats total B/S as you put the house on the market and pay the agent the agreed fee or percentage after the house is sold, however, if the property was in negative equity his solicitor might be working a scam and limiting his liability.

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Post by Rachel on Sat Nov 10, 2018 10:43 am

Yes I agree and I feel stitched up.
When we separated it had over £70,000 equity in it. But he definitely let house get run down badly and I did take photos which I showed my lawyer.
The bank taking a couple of years to sell it didn’t help.
It was actually through his lawyer I received a letter saying he couldn’t afford to put it on the market as he was no longer working. And I was being asked to put up £1000 up front (might be a Scottish thing). But as I only work part time and was renting I just couldn’t do it.
But it was also at this same time he went on holiday to Bulgaria so he definitely could have put money towards the sale.
And it turned out he was working. He never left his job. And I don’t think he was even off sick.
I’m sure some of this was deliberate, I can’t say I understand it but he certainly lied.

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Post by assassin on Sun Nov 11, 2018 1:58 am

Of course it is. they run the property down, sell it below market usually to one of their mates, and they chase you for the full amount.

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