Help for my mate - house repo

[NeverEnding]

CAG fountain of knowledge,

 

I need a little help for my friend who has gone through a divorce resulting in the marital home been repossessed. His house was taken prior to a sale completion (which I am aware they are entitled to do! crazy but true).

 

The mortgage company have since sold the house for less and are looking to claw back £11k (made up of £5K redemption fee the rest in short fall).

 

I've got him asking for the usual payment history, charges etc so we can see where this amount has come from. This is ongoing.

 

What seems to really be getting his goat is that he knows for a fact his ex-wife is not been chased for any portion of the debt. He wants to know why as it was a joint debt!

 

I am no legal eagle but common sense tells me they can chase just him if they want to. They do not have to chase his ex-wife if they don't want to. (unfair I know!)

 

Questions: Am I right in what I am saying?

Is there anything he can do to get them to acknowledge his ex-wife is also liable?

 

These people will not say if they are chasing is ex-wife - they keep quoting the good old Data Protection Act! yawn

 

Final Question:

He has agreed to pay £100 per month. Filled in a expediture form to which they don't like the look of his entertaining amount. They have indicated £150 would be better. If he agrees to this can he (a) ask not to supply payslips etc and (b) request that the defaults be removed from his credit file?

 

Regards!!!!!!

[Goldlady]

It seems that he is the easy target and I guess that legally he would have to pursue the ex for her share on his own. I am sure he has some redress if they repossessed it when there was a buyer (did I understand that correctly?) and also for the blinking exit fees. Hopefully someone who knows more about this will offer some further help.