Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» More Smart Meter - The New Scam
by freeland Today at 1:46 am

» Advice needed for dealing with a dca
by danta007 Yesterday at 10:07 pm

» CCJ circa 2013 vs Santander, now Cabot/Mortimer Clarke chasing
by waylander62 Yesterday at 8:14 pm

» Food Fairs
by daveiron Yesterday at 6:39 pm

» \derbyshire Po-lice's Turn
by daveiron Yesterday at 6:34 pm

» Raconteurs News and Sol Excalibre
by eargoggles Yesterday at 2:42 pm

» Sister owes creation finance £20000
by waylander62 Yesterday at 12:24 pm

» Halifax overdraft victory!
by waylander62 Mon Jan 21, 2019 9:40 pm

» Threatened bankruptcy proceedings
by ande Mon Jan 21, 2019 8:26 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Jan 21, 2019 7:41 pm

» EU and Common Law
by assassin Mon Jan 21, 2019 6:49 pm

» Old member of GOODF
by assassin Mon Jan 21, 2019 2:17 am

» DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop
by davidg4039 Sun Jan 20, 2019 5:32 pm

» Police search warrents
by daveiron Sun Jan 20, 2019 1:46 pm

» remedy for P.C.N/COUNCIL TAX
by daveiron Sat Jan 19, 2019 3:02 pm

» Robinson way success
by nautilous Sat Jan 19, 2019 10:20 am

» Ceylon
by Mrblue2017 Sat Jan 19, 2019 8:37 am

» Introducing
by freeland Sat Jan 19, 2019 2:14 am

» posting a reply
by freeland Sat Jan 19, 2019 2:12 am

» BBC name sex abuse victim.
by midnight Fri Jan 18, 2019 9:50 am

» An Afternoons Thoughts
by assassin Thu Jan 17, 2019 4:05 pm

» Nottinghamshire Police In Action
by daveiron Thu Jan 17, 2019 12:11 pm

» My way of dealing with DCA
by barnwebb Wed Jan 16, 2019 8:57 pm

» DWP Information Appeal
by Kestrel Wed Jan 16, 2019 8:07 pm

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Wed Jan 16, 2019 7:21 pm

» Man gets a visit from the Chilli Sauce Police!
by Society of the Spectacle Wed Jan 16, 2019 7:19 pm

» Brexit Survival
by assassin Wed Jan 16, 2019 3:15 am

» RBS Credit Cards
by daveystoat Tue Jan 15, 2019 11:23 am

» Your credit debts written off.
by Society of the Spectacle Mon Jan 14, 2019 6:43 pm

» Credit card agreement misfiled and they can't find it!
by Prometheus Mon Jan 14, 2019 11:19 am

» Postal Speeding Notice
by Ausk Mon Jan 14, 2019 8:07 am

» Will a debt purchaser register a new, more recent default?
by Mrblue2017 Sun Jan 13, 2019 10:06 pm

» Brown all CAPS window letter with "Defendant" visible!
by waylander62 Sun Jan 13, 2019 8:38 pm

» More Food Truths
by assassin Sun Jan 13, 2019 2:44 am

» Project Fear
by assassin Sun Jan 13, 2019 1:48 am

» Hello - Great to Find You!
by assassin Fri Jan 11, 2019 12:35 pm

» speeding tickets
by LionsShare Fri Jan 11, 2019 10:28 am

» War In Iran?
by Ausk Fri Jan 11, 2019 7:34 am

» Lowell Solicitors
by waylander62 Thu Jan 10, 2019 9:40 pm

» Fined because her dogs lead was too long.
by Ausk Thu Jan 10, 2019 10:02 am

» Serving Paperwork
by assassin Wed Jan 09, 2019 7:30 pm

» Agressive UUI's - utter scum, Civil Enforcement Officers
by assassin Wed Jan 09, 2019 7:02 pm

» Lowell threatening me Again !!
by barnwebb Wed Jan 09, 2019 2:12 pm

» 2 New letters received from DCA acting as agents on behalf of client- Please Advise
by Emilybm Tue Jan 08, 2019 12:59 pm

» Cabot- is there a realistic chance to fight them?
by assassin Tue Jan 08, 2019 2:09 am

» The Bacteria & Parasite Deception Raw Food fearmongering
by toolapcblack Mon Jan 07, 2019 2:55 pm

» The Human Apex Predator vs. Mentally Disabled Vegans
by toolapcblack Mon Jan 07, 2019 2:34 pm

Moon phases


Shoosmith after debt from house repossession

Page 2 of 2 Previous  1, 2

Go down

Re: Shoosmith after debt from house repossession

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

waylander62
Very helpful
Very helpful

Posts : 296
Join date : 2017-10-03

Back to top Go down

Re: Shoosmith after debt from house repossession

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

Ok thanks and will do

Rachel
Not so newb
Not so newb

Posts : 17
Join date : 2018-11-08

Back to top Go down

Re: Shoosmith after debt from house repossession

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.
assassin
assassin
Admin
Admin

Posts : 1723
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Shoosmith after debt from house repossession

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.

assassin
assassin
Admin
Admin

Posts : 1723
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Shoosmith after debt from house repossession

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.

Rachel
Not so newb
Not so newb

Posts : 17
Join date : 2018-11-08

Back to top Go down

Re: Shoosmith after debt from house repossession

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.

assassin
assassin
Admin
Admin

Posts : 1723
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Shoosmith after debt from house repossession

Post by Sponsored content


Sponsored content


Back to top Go down

Page 2 of 2 Previous  1, 2

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum