Thanks gizmo111 The house was transfered into her name but no money changed hands, he had an affair and felt guilty. The 2 children she has are from a previous marriage and not his. It was a very short marriage. He made no contribution to the house purchase the deposit was funded by my sister

Many Thanks, I have moved the post.

Bankruptcy & Ex Partners Hi everyone, I will start with some background. My sister has been trying to divorce her husband for some time, he continues to refuse to look at or sign the papers. The divorce looks as if it will now go through as the courts have enough evidence that he knows what is going on but just refuses to cooperate. He moved out of the marital home in Feb 08, and stopped making contributions to the mortgage/bills, at this point the house was transferred to her name only. The house was purchased in 2004and a deposit of £20,000 was paid by my sister as he had no funds. They married a year after moving in to the house in 2005. He has recently announced that he has a £30,000 tax bill and is going bankrupt and that they will try and take any equity that is in the house. My sister is very worried as she has 2 children (10 & 16) and doesn’t want to be homeless. With the housing market as it is, there is very little or no equity in the house, however she is still very worried. My questions are: 1. Can they make her sell or put a charge on the house? 2. Will they take into account that she paid the deposit and has been paying the mortgage alone for the last year, he has only contributed to the mortgage / bills etc for 3 of the 5 years they lived together. 3. By our calculations after mortgage, redemption fees and associated fees are paid, there would only be a few thousand remaining (and that’s going down by the day). Would they still pursue for such a small amount? These are the main areas of concern; however, any other advice or experiences would be much appreciated. Many Thanks

Hi. A bit of background information My Girlfriend has been seperated from her husband for over a year and has been trying to divorce him for all this time. He refuses to sign the papers, however the divorce will now go ahead without him signing as there is enough evidence that he knows she wishes to divorce him. It has come to light that he has not been paying tax for some 4 years and racked up a bill of £40,000. He has decided to go bankrupt and has informed her that they will come after the house that her and her 2 children live in. The house was purchased 5 years ago a year before they married. He had no money to put into the property so a £20,000 deposit was paid by my girlfriend. He stopped paying a contribution to the mortgage a year ago when he moved out, and the house has not been in joint names for over a year now. With the housing market as it is there is no or very little equity in the house, however, my girlfriend is very worried that she will loose the house. I wondered if anyone could offer advice or indication of what the outcome would be. Many Thanks

Thanks 42man. I sent them this letter last week recorded delivery.

Still no CCA’s or SAR information and its been over 2 months. I have recently sent the letter that puts the accounts in default and threatens to report to trading standards etc. This morning I had a letter from Eversheds on behalf of Northern Rock saying that they will give me a 35% discount if I pay within 7 days. While I have some funds from my house sale there is still no way I could make this payment. My original offer to them going back 6 months ago was £ 5,779 and to be honest this would be a real stretch now. The original debt was for £18,000 and I had a settlement figure from NR of £13,500 about 6 months ago. The Eversheds letter states the balance is now £18,032 and they will accept £11,721. Should I write back to Eversheds and re confirm my offer or leave it on the basis that they don’t seem to have a CCA and can’t enforce the debt. I have no assets apart from the small sum remaining from the house sale. I’m in rented accommodation, do not own a car or any other significant assets and all my wages go on essential living expenses and maintenance for my 2 children. Would appreciate any guidance……Many thanks

Thanks 42man I will send today and see what happens

My CCA requests went out recorded delivery on the 24th April (LLoyds Credit Card 16K, AA Finance 15K, Northern Rock 18K). I have the confirmations that they were signed for but nothing back from any of them. Also everything has stopped...no phonecalls, no letters...nothing, its all gone quite. I have continued to pay a token amount to the AA & NR of £40 per month. What should I do now? Do I need to write to them again and report them to Trading Standards? Should I call and confirm they have received the CCA requests? should I stop the token payments? I have recently sold my house and paid off all secured debt and divorce settlement to my ex wife. I have been left with about 20K and want to offer this up as a full and final settlement on a pro rata basis to my creditors and get them off my back. Should I write saying that no CCA makes the debt unenforceable in court and I am making a one time only offer of a full and final settlement. I have no assets and do not earn enough to live on let alone clear the debt. Sorry, lots of questions, I would appreciate any help and advice.

Next Stage. My CCA's went out recorded delivery on the 24th April (LLoyds TSB Credit Card, AA Finance, Northern Rock). I have the confirmations that they were signed for. To date everything has stopped...no phonecalls no letters...nothing. I have been paying a token amount to the AA & NR of £40 per month. What should I do now? Do I need to write to them again and report them to Trading Standards? Should I call and confirm they have received the CCA requests? should I stop the token payments? As I said earlier I have some funds available from the sale of my house but not enough to pay back in full. My aim would be to offer full and final settlements and get them all of my back so I can move on with my life. Sorry, lots of questions again, I would appreciate any help and advice. Thanks

vselym I'm on it now. Thanks again Notcher

Hi vselym OK great thanks. I haven't sent the S.A.R. request yet, should I do that now or wait. Thanks for you advice yet again. Notcher

Hi. Well its been well over 12 working days and I have recieved no CCA's from anyone. Funnily enough all the phone calls have stopped too. I have tracked the letters with the post office and they have all been signed for. Can anyone advise on what my next move is. Would I be right in saying that the accounts are in dispute and therefore charges can not be applied. Should I write to confirmn this or press ahead with trying to reclaim charges. Advice would be much apreciated. Many Thanks

vselym Ok I have downloaded the letters and will post today recorded delivery. I will send to AA, Nothern Rock & Lloyds Credit Card and wait for a response. Again, Thanks for your advice

Thank you vseelym. I will get onto this now and see how I get on. Regards

Help Required PLEASE Background - I have unsecured debts with AA Finance -£15,606 Northern Rock £13,887 Lloyds £8,150 (overdraft) Lloyds Credit Card £16,589 The last 3 years have been very rocky for me, Failed Business, Divorce Settlement and a number of job changes. All my creditors have been chasing me for over 6 months, as have thier respective debt collectors and solicitors. I have been paying small token payments as and when I can. I have recently managed to sell my property in the last few weeks and pay of all secured debt, so have got the mortgage companies (C & G & Kensington) off my back as well as other secured debts. However I have been left with no assets, apart from £22,500 cash remaining from the house sale. I have written to all creditors offering full and final settlements on a pro rata basis. To date AA have said no way and will pass my account to solicitors, Northern Rock are still thinking about it and Lloyds Creditcard through MHA collections have said yes to £8,150 but will register the debt as partially settled. I have written back saying its either fully settled or the deal is off. I am concerned that they may come back at a later satge and chase the balance. Perhaps someone could advise me on if they can do this? Can anyone help me with other actions to take, I have seen people request copies of credit agreements and various other documents. I have never attempted to reclaim unfair charges and wondered if I can use this as a bargaining tool. It has been a great relief to sell the house and I just need to sort out the unsecured debts and then I can finally get on with my life after a horrible few years. Sorry this was all a bit drawn out, but wanted to give the full picture. Many Thanks

Help Required, Oh how I wish I had found this site sooner. Background - I have unsecured debts with AA Finance -£15,606 Northern Rock £13,887 Lloyds £8,150 (overdraft) Lloyds Credit Card £16,589 All the above have been chasing me for over 6 months, as have the respective debt collectors and solicitors. I have been paying small token payments as and when I can. Have managed to sell my property in the last few weeks and pay of all secured debt, I have been left with no assets, apart from £22,500 remaining from the house sale. I have written to all creditors offering full and final settlements on a pro rata basis. To date AA have said no way, Northern Rock are still thinking about it and Lloyds Creditcard through MHA collections have said yes to £8,150 but will register the debt as partially settled. I have written back saying its either fully settled or the deal is off. Can anyone help me with other actions to take, I have seen people request copies of credit agreements and various other documents, but to be honest feel a bit lost. Sorry this was all a bit drawn out, but wanted to give the full picture. Many Thanks