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  1. Also should I ring Lowell and explain that the ex is not here?
  2. Hi thanks for the reply. Its just that everything I read on here is for the people that owe the debt. It is not my debt so I cant even talk to Lowell. It feels that I am just sitting here waiting and as soon as I receive any mail I go into panic mode. I know it is quite rare for the courts to allow the sale of a family home.................but there is always that chance. What if I end up with a crappy judge? Isi it common for these agencies to threaten force of sale and not follow them through? Its just that because my ex is not here they are not getting any repayments what so ever. Perhaps that will persuade them to go for a force of sale. They given 7 days for my ex to reply............which of course she can't.
  3. Just received a letter for the ex saying that they are now going for a force of sale order even though they know the ex is not in the country. I really dont know what to do now. I can not afford legal help as I beleive that legal aid will not cover this. I can see many sleep less nights coming up. Has anyone got any advice as to what to do or whom to speek to?
  4. OK .....long story. Basically ex left nearly several years ago. We had one child who has lived here ever since. Had l letter addressed to me about a hearing for an interim charge order on our property. The house was bought together.....and I suppose deemed to be 50/50 although the ex has not paid anything towards the mortgage or costs etc.... I turned up for the hearing explained why I was there, then the judge made a final charging order. She then told me that I will proberly be back here some time in the future..............nice. Of course my concerns are if Lowell Portfolio go for a force of sale order. I am not sure what difference it makes if the debt is not in my name and there is a child of 9 years involved. I know that if I was forced to sell then I would have to give the other 50% back to the ex which would leave me not being able to afford a home in this area........schools, friends etc... I know that the ex will not pay any money back to Lowell, and all of this is causing me great stress. I have been told that if I was summoned to court over a force of sale order then I could not use Legal Aid as that does not cover it. I can not afford to pay for solicitors or buy out the ex. Its just that every avenue that I have seems to come to a dead end..............Its not even my debt. OK......rant over...phew!! Has anyone got any ideas of what to do next? and would any judge actually agree to a force of sale considering the situation? Thanks in advance.
  5. Hi and thanks for the reply. This is a tricky one. I did send letters back to Lowell informing them that my ex had moved back to her native country about a year ago...........so they have been informed by me, I also stated that I have a residence order on our daughter which proves that the ex does not live here. I was told that it is quite easy to get an interim order in place so I suppose Lowell are just using a tactic to force my ex out of the woodwork.
  6. From what I have been reading it seems that the case can not go ahead without the other person being properly served. And because they are out of the country I presume this means that she has not been served. I have had leters come to this address but no recorded delivery. Does anyone now of any cases where the the case has collapsed where the others had not been served properly? I am sure that Lowell know this, which makes it hard to understand why they are still persuing the court case even though they know she has not been properly served.
  7. I wrote to the court explaining that the named person left the country over 6 years ago. I got a letter back saying it is in my best interest if I attend the hearing. I can not get legal aid as I am not the one accused but this will have an effect on me I guess. I was told some time ago that nothing can be done unless they prove she has been fairly served, so I expected it to go no further............and now this. I dont even think that my ex has an interest in the property anyway. It has been me who paid the mortgage and she has been gone for most of it.
  8. Can a court order be fully made when the person accused it outside of the UK and knows nothing of it? My ex who has her name on deeds has been gone for nearly 7 years and owes money to Lowell Port Folio. They have managed to get an interim charge order for on the property. the hearing is next month and I will attend. BUT..... do they have to show to the court that the person has been properly served? If so how comes it has gone this far??
  9. Thanks for your time to answer....that does make me feel a bit better. Its hard enough raising children on your own without all of this on top.
  10. At the moment the credit company (Lowells) are only after the money from my ex. I have not been bought into the equation yet. But if they seek an order against the property then because my name is also on the deeds then I would have to appeal. It may not even go that far, but its just the waiting that is causing my mind to race.
  11. Ok thanks......my real concern is whether a force of sale is likely to take place, as there are children living in the property and local schools etc...
  12. My question if anyone perhaps might know is....... Can a charge on property be made, or even a CCJ be made if the defendant does not live in the u.k.? Does it effect the situation if the defendant has joint property in the U.K.? I know that when it comes to family law the defendant has to be personally served with papers, is it the same with litigation? I have been told various answers resulting from yes to no to maybe. I am very confused over this situation an any advice would help.
  13. Just bumping if you dont mind.........
  14. Hi thanks for the reply.... in answer to questions 1. All I know is that the mortgage is in joint names, so I presume their name is on the hous also. 2. The date of issue is 23 May 2008 3. The claim is only against them. 4. I think it may be from credit card use. The card may of been used in 2002 but I am not sure. 5.I am pretty sure that no money has ever been paid onto it. Thanks.......
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