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About Fluff16

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  1. Yes and they said they still need both signatures, despite it being able to originally be closed by either. Only my ex was paying into it to allow me to draw money. I have the same with another account with Lloyds that they continued to spend on and i had no access despite it being in joint names. My ex ran up an overdraft and was still using the account to claim tax credits to which they were not entitled to and didn't notify them of even a month later. It took me that long to get access as I had to get ID and jump through hoops to gain any access to what was going on. He sent me paperwork for that asking that I pay half of the debt he had built up to get the account closed. I had no access to that money despite notifying the tax office as soon as i could. I refuse to pay half of something that was beyond my control and that was spent in adult shops! I can see now that everything he could do he did and that included lying about a failure of a bank account change. it didn't fail, he just kept control of them and left me with just one that he paid money into at his will as I had to ask. When questioned about anything he would get angry, abusive and threatening. This is just the tip of the iceberg of their lies. I guess I can ask for it to be blocked? Just can't see why I can't cancel it as there is zero owing on the TSB one. With the Lloyds one they should also see I didn't have a card and that both accounts were paperless and only he managed them online.
  2. I want my name removed from a joint bank account or the account closed. It is with TSB and has a £0 balance. Despite it being that either one of us can close it I have been told today that it can't be done in the usual way as there is a 'restriction' on it and it will need both signatures. Can anyone explain what that means? I have a sole account with TSB that is in credit and have no other debts or loans with them. Could it be that my ex has another account or loan with them that is in debt? That's what the customer advisor seemed to think was the reason but wasn't sure. I am not in contact with my ex and have no desire to be, plus I know they would not sign anything. Is there any other way around it as I don't see why I should be put in this position. Thanks in advance. Just thinking.. .could my ex have changed it to needing both signatures without me knowing? At the time is was the only bank account I would have been able to use after we split up . Instead I opened my own account. Could he have been hoping that I would be unable to open an account of my own and had to use that one so he could monitor what I was doing and have access to it? I know it sounds far fetched but you couldn't make up the things he has done and I've found out about them. It was a 25 year long abusive relationship and he controlled and manipulated everything.
  3. Just tried to close the joint account that has a balance of zero and TSB won't do it with him signing????? Apparently there is a restriction on it even though either of use can close it down as it only needs one signature. The reason they give is that he must have a another account or loan with them, solely in his name, that must be in debt. This is turning into a nightmare to get sorted. The other joint account is with Lloyds are they are refusing to do anything other than block it for a month unless the overdraft is repaid. think the only thing left is have to have a notice registered with the credit reference agencies. Thank you TB.
  4. I can't close the joint bank account as the overdraft he ran up is still outstanding although it has been blocked and nothing can go out or in. I have seen 3 solicitors and really got nowhere. One was just telling me that i had signed and that was that. Another told me just to keep waiting to see what happens and another then acted for him after telling me i should get 70% of the equity! None of them have addressed the fact that the debt was a joint one and only I ended up with the charging order or that I had no option to lower my share because of him and to prevent an order for sale. None of the solicitors or advice places agree on how to proceed and every time I speak to someone new they tell me the advice I've been given so far is wrong! if they don't know what to do, when they are being paid and are supposed to be experts, then how is that supposed to help me? the only other thing I can think of is that I have recently taken out home insurance and that has legal protection but I doubt it would help deal with the charging order or the 90% situation as it was prior to it being in place but they should be able to assist with advice and help if he does try to force a sale. Fingers crossed!
  5. Just need it clarifying as I think it should be 50/50 and also half of the charging order amount in my favour at least. I'm trying to disassociate myself from him and have closed down 2 zero balance accounts. that only leaves the mortgage that I'm currently paying and a joint bank account that I had no access to until a month later. It only had tax credits paid into it and he continued to spend them, when he wasn't entitled to claim them, and ran up an overdraft of which he sent me a letter saying I should pay half in order to close the account! I'm sorry, but I am not willing to pay back any money he spent in adult shops and for meals out using money he wasn't entitled after he went to great lengths to control everything and I had to jump through hoops just to find that out. He made sure I had no control or knowledge of anything past or present and has lied all his life. He grooms people in order to gain control over them and I've found out that's the story of his life.
  6. Yes it was all pointed out but because he didn't respond to them they just took me to court instead. i told the solicitors at the time and all they kept saying was that they can take either of us to court or both and it was up to them. They said it didn't matter that the loan was joint or the bank account. As far as i know they never sent any court documents to him at all. just debt collection letters that he ignored. I didn't agree to ever taking on his share of the debt. In fact he said in court that he would ensure that payments were made on time, on my behalf, as I wasn't working which of course he didn't. There is nothing missing from it and I still have all the original paperwork from the court showing it was a joint debt but is only in my name. I ended up with the CCJ which then was turned into a charge. No action was taken against him at all and the judge, at the time of the order for sale, said that it would not have any impact on his equity and would only be on mine. So i don't know where I stand with it and how I can make him pay his part of the debt now. I suppose it is a still an ongoing debt as long as the charge goes unpaid.
  7. The charging order is in my name only and only on my share of the equity. despite him being present at the hearing it was never questioned why they didn't also include him. He put in an objection that it was unfair on him if the order for sale went through as it was only on my share. It was a joint loan and bank account that was put as a charging order. They only went after me as he refused to acknowledge them.
  8. Maybe but just want to clarify how to sort out a joint debt that is only on my equity, and what was backdated But thanks.
  9. I guess it's just so complicated. With the order for sale falling through the judge instructed that payments should made each month. A couple of months into that a letter arrived from the companies solicitor saying they were no longer acting for them. I tried repeatedly to make a payment and they were all refused by the company and they even tried to take out a CCJ for the same debt they already had a charging order on a few months later. Last time I spoke to them, 2008, they refused payment and couldn't give me any details of the account or who to get in touch with. They didn't know the order existed. Have heard nothing since from them.
  10. What I don't get is that a solicitor told me it should never have happened. A joint debt charged on a jointly owned property but only done in my name? I'm wondering now if he submitted anything or told the company something that led to that. Thinking back he only ever said he had an interest in the property and never admitted that he was named on the original debts, I have all the paperwork to prove it from my side and copies of all the agreements and letter but no idea if he sent anything to them. So far I have spoken to 5 different legal services on 9 different occasions and they all differ immensely and of those several were paid for. That's apart from the solicitors that dealt with everything when the charging order was placed and the advice then. It's frustrating that each one tells me the other is wrong!
  11. I also have a question about if I can take him to the small claims court for half of the charging order value? It was all for a joint debt and a joint account that he would not address. Would that be an easier option than trying to sort that part out later? I'm thinking it would help as it would put all the paperwork on the table with an outcome before it went to a higher level if it did get to an order for sale?
  12. At the moment he is harassing the mortgage company and trying to say no fees should be added at all as I got back all the fees charged years ago because they screwed up taking payments. He mistakenly seems to think that ruling means they can't charge any fees if he stops paying them or apply any fees at all if the house is sold and the mortgage is repaid early. At the moment there are only fees of £60..one is for £35 as he cancelled the direct debit and it was returned and the other is for £25 as I had to get copies of statements from them for benefit and legal purposes. I fully intend to keep paying the mortgage and the company have accepted that and no further fees will be added. I'm sure he thought the process would be easy and that the house would be repossessed without him paying any charges or deal with the sale. He is sadly deluded and also didn't take into account my ability to pay. Given the circumstances I think it highly unlikely that he would be willing to pay anything on a gamble that he could get an order for sale, and when he finds out the true cost of what the fees will be if I stop paying then that will bring a tear to his eye. By the time everything is paid and if the house were to sell tomorrow we would be lucky to have £35,000 from it. If the mortgage goes unpaid and it takes 2 years to sell then I figure most of that equity would be gone anyway with charges and legal fees.
  13. As far as I've been told and have found out, a tenancy agreement can be changed at anytime to tenants in common from joint without the mortgage company having any say as it only divides the equity and has no bearing on how the mortgage is paid as it still remains as joint and several liability regardless of the percentage held.
  14. Thanks for that. When the remortgage happened in 2003 the debt was still at CCJ stage with them threatening a charging order. The charging order happened after, in 2008, followed quickly by them trying to get an order for sale which is when the tenancy agreement was backdated. Some of the money from the remortgage was supposed to pay off the CCJ as I knew they would eventually go for a charging order, but he obviously didn't pay. I was completely reliant on him as he was working away a lot of the time or kept changing jobs while I was looking after our children and my disabled elderly parents on my own.
  15. Also I don't ever want to see him again or speak to him directly. Will I be able to do that and would the court allow it? I am frightened of him as he is so unpredictable and I know what has happened in the past.
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