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di4mond

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  1. Thank you, I will print this out and pass it on. I hope it can put his mind at rest a little.
  2. Yes, that is it. At the divorce, when it went to court, she wanted half the house and wanted it there and then. But the court ordered that she got a 1/3 (due to her not contributing to the mortgage after the split and before the court case and also because she didn't have custody of the kids), but it was deferred until the kids are 18. When they turn 18 the house has to be sold and she will then get 1/3 of the sale. However with her now going bankrupt, she is saying to my friend that she has been told she must have her 1/3 now and the house must be sold - which will make my friend and his children homeless. Surely this can't be right. Can a bankruptcy court disregard the divorce court and insist the house is sold? He isn't the one in debt here, all these debts were run up by his ex-wife after they divorced. @ WelshMam2009 Is her name still on the deeds? Yes.
  3. Just posted this in the repossessions forum, but thought it might be good here too. Hi all, I'm posting on behalf of a friend of mine who does not have internet access. He is in a real mess at the moment. Five years ago his wife left him. They divorced and he got full custody of the children as she didn't want to see them and she got 1/3 of the house. The 1/3 of the house was put off until the children turn 18 and the house can be sold. Since the divorce my friend still lives in the house with his children. He is on income support. His ex-wife has run up thousands of pounds in debt buying a car, and on credit cards. She has been unable to pay them off as she got pregnant to her new boyfriend. She is now also on income support as her new boyfriend left. My friend has just heard that his ex-wife is going bankrupt and has been told that her share of the house he still lives in will be needed to pay the debts and the house will have to be sold. He is terrified and worried sick now. He isn't the worlds most confident person, and although he is a fantastic dad, he can't see a way out of this. He can't afford to sell the house to give his ex-wife her 1/3 because if he does he wont have enough left to buy somewhere else for him and his children. He wont get rehoused by the council as he will be 'intentionally homeless' and at best will end up in a hell hole area miles away from the kids school and his family who do loads to help him out with the children. Because he will have a small lump sum from the 2/3's of the house he wont get benefits and will have to live off that money - which wont last long anyway. Can his ex-wife force the sale of the house because of her bankruptcy? The original court order at the time of the divorce was the house couldn't be sold until the children turned 18. Can a bankruptcy court overturn that? Please if anyone can advise, my friend is in a terrible state over this and can see no way out.
  4. Hi all, I'm posting on behalf of a friend of mine who does not have internet access. He is in a real mess at the moment. Five years ago his wife left him. They divorced and he got full custody of the children as she didn't want to see them and she got 1/3 of the house. The 1/3 of the house was put off until the children turn 18 and the house can be sold. Since the divorce my friend still lives in the house with his children. He is on income support. His ex-wife has run up thousands of pounds in debt buying a car, and on credit cards. She has been unable to pay them off as she got pregnant to her new boyfriend. She is now also on income support as her new boyfriend left. My friend has just heard that his ex-wife is going bankrupt and has been told that her share of the house he still lives in will be needed to pay the debts and the house will have to be sold. He is terrified and worried sick now. He isn't the worlds most confident person, and although he is a fantastic dad, he can't see a way out of this. He can't afford to sell the house to give his ex-wife her 1/3 because if he does he wont have enough left to buy somewhere else for him and his children. He wont get rehoused by the council as he will be 'intentionally homeless' and at best will end up in a hell hole area miles away from the kids school and his family who do loads to help him out with the children. Because he will have a small lump sum from the 2/3's of the house he wont get benefits and will have to live off that money - which wont last long anyway. Can his ex-wife force the sale of the house because of her bankruptcy? The original court order at the time of the divorce was the house couldn't be sold until the children turned 18. Can a bankruptcy court overturn that? Please if anyone can advise, my friend is in a terrible state over this and can see no way out.
  5. Thankyou everybody. Its been a very tough time, but thankfully, since I posted, the same day I told them not to phone us anymore, Halifax or any of their agents of the devil, haven't phoned. Yet. TheChancellor The Little Xtra a/c was in my son's name but with myself and hubby as signatories on it. It was opened when he was born and small amounts have been placed in since as and when we could afford it. The internet account was in myself and hubby's name in re: of our daughter. A a similar thing to the Little Xtra a/c I thought as I had to fill in a tax form so her interest wouldnt be taxed due to her being under 16. Both a/c's have now been closed so Halifax cannot take any more of the kids money. Oh and what is a CCA letter? **Tilly** Thanks for the SAR tip. I have no doubt they have piled on the charges. I wonder if I start hassling them for details of their charges they might back off a little. BoSBoY Yes I would consider this harassment. They have been told numerous times that my husband is ill and yet they still phone every few days, even after we have made payment, asking for more. As we have 'officially' offered them £30 a month and have kept up with that payment, which they accepted, do we have a legal right to stop the phone calls and correspondence unless we default on that? I was under the impression that when an offer was made and accepted, they had to leave you alone unless you defaulted. I might be wrong; I am not really up to the minute on our rights on this. I have to admit the £30 isnt always easy to make; we are on Income Support and low level DLA for hubby. I get Carers allowance for him but that is reduced via the IS by half. What with fuel bills, shopping bills etc, its getting harder and harder to make ends meet, especially with 2 growing kids. Thank you everybody for your replies. It is good to know that there are others who are in the same boat (even though I wouldnt wish what are going through on anyone) and who know their rights. Does anyone have any opinion on the Co-operative for bank a/c's? We are looking round at various a/c's as we want to close the Halifax ASAP. I simply do not trust them anymore.
  6. We have a current a/c with Halifax. We also had a credit card with them too. 18 months ago, hubby became ill and had to leave work. We got into difficulties with the card, owed £4000 on it. Daft of us, but we didn't take out insurance, never thought we would need it. Obviously stopped using the card when our income dropped, tried to keep making payments but found it hard. Phoned Halifax, was upfront with them etc and they agreed to stop the interest and agreed to reduced payments of £30 a month which we have kept up. Since then, well they are now nothing short of hounding us. Over the last week they have phoned us 3x asking us to pay more. We paid the £30 monthly payment last week but now that is not enough for them, they keep demanding more and more and have taken money out of my son's Little Xtra savings a/c (£330) and my daughters internet a/c (£270) without telling us. I know they can do that, but it would have been nice to have been told. Last month hubby had a stroke, was taken into hospital. Halifax phoned wanting another payment. I told them he was in hospital, they still demanded payment. He came home and next day Halifax phoned again, wanting more money. Lady (I use that term in jest) on phone wouldnt listen, talked over me etc. They phoned again 3 days later again demanding more money. The stress is killing us. They phoned again today, even after they received payment last week. Hubby passed phone to me, it was making him feel ill, I tried to tell her what was happening, but she wouldnt listen. Again talking over top of me, demanding another payment. She stated what was in our current a/c (now our only a/c) and said we could afford it. I proved we couldnt by listing DD's due to come out. I then told her not to phone anymore and that we would only deal with Halifax by letter; we shall see if they take notice, I would like to bet they dont. After today I dialed 1471 and got the number, through SayNoTo0870 found out that what we thought was Halifax phoning was infact Blair, Oliver and Scott Ltd. Searched online and found this place, so here I am. We are in the process of changing out bank a/c, tomorrow will be applying for an a/c at another bank. I have had enough of Halifax, after being with them for 20 years they are now hounding us and making my husband ill. Any advice on how to stop them? Our offer of £30 monthly was accepted, via the phone, 18 months ago, so why over the last few months are they doing this? Our income hasnt changed, we are on the breadline and they know this.
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