Hoping for some help and advice....it's a long story!

[rle8]

Hi all, I'm a newbie hoping for some advice.

 

I've been trawling the site trying to find out how to post so hope I'm in the right place. Where to start...?!

 

 

Well I'll start at the beginning.

 

Myself and my ex-husband separated in dec 2006, after a whole 18 months of marriage..again, a long story but the split was mainly down to immaturity (I was 22 at the time of separation).

 

We bought our house in jan 2005. My ex insisted on staying in the house after the separation even though the most sensible solution would have been to sell it there and then.

He would not budge despite my pleas to sell and so a separation agreement was drawn up and signed in apr 2007 stating he now owned the house and all it's belongings,

he agreed to undertake all mortgage repayments as well as a secured loan with GE money.

These agreements were to be transferred to his name.

I agreed to be solely responsible for a credit card debt and my car hp agreement which were both in my name, as I should have been(now paid off and replaced with a new one).

 

Our divorce was granted in jun 2008, days before my daughter was born (yes!).

We're both now with new partners, he now has 2 children I believe.

 

As the months went by after our separation agreement I received numerous letters about missed payments on the mortgage and secured loan.

My name had not been removed due to him not being able to get a mortgage in his name,

despite numerous letters from my solicitor and form filling from me this was never done.

 

I also paid a default debt from Scottish power for around £500 during this time as the debt letter scared me,

even though I wasn't living at the house at the time it wasn't paid.

 

I even remember when I was expecting my daughter around £1500 was 'stolen' from my savings account

to pay towards the mortgage arrears from money I'd saved for my maternity leave (gggrrrrrrr!)

 

I got on with my life with my new partner and daughter.

I've got several credit accounts,

a credit card,

mobile contract,

catalogue,

car hp agreement

 

which I pay on time every month.

 

We live in a council home due to being unable to get a mortgage of my own as I was still on the other one.

But that's ok we're happy.

 

I did try to force a sale, a decree was granted but I could not gain access to the property to even have it valued.

 

Fast-forward to oct 2010

 

when I received a letter saying the house was going to be repossessed due to non-payment (it took long enough).

At this point I thought it best just to let it go, my credit ratings shot anyway due to all the missed payments.

 

I then received another saying legislation had changed and the repossession was delayed further.

 

In the meantime my ex has moved from the property,

I've a couple of ideas where he's staying but nothing concrete,

as I'm the one who's on the voters roll etc I'm the one who gets the debt collectors, sheriff officers and letters to the door!

 

The house was repossessed about a month ago and last week I had a lovely letter from Halifax anticipating a shortfall

and asking for a mere £20,000.

 

 

Swiftly followed by a letter from GE asking for £6000.

 

I simply do not have this money.

 

My main question is:

Am I liable for these shortfalls as my ex took responsibility in the separation agreement?

 

This is seriously scaring me, I'm dreading that knock at the door demanding all my things (even though my cars the only real asset I have).

 

Also, if I am liable I think the only option would be bankruptcy.

But can I keep the agreements that I have now, post-marriage, as I'm managing these fine?

 

I just want to get on with my life!

 

Thanks so much for reading.

Apologies for the long post (and for any spelling mistakes, I'm posting on my phone..)

 

Any help greatly appreciated!

[rle8]

P.S

I did consult Cas on Friday. I showed the lovely lady there my separation agreement aswell as numerous solicitors letters sent by my solicitor to my ex requesting my name to be removed from the mortgage and loan agreements, dated from 2007 to 2009. She advised (after consulting with her boss) she thought I would not be liable but, as legal documents were present, Cas involvement would complicate matters and to go back to my solicitor.

I have an appointment with him on Thursday but your learned thoughts, opinions, advice is much appreciated!!

Thanks in advance..

[LostAtSea]

Hi rle8 and welcome.

Unlike some other CAG sub forums, most people on this one have a life away from here So it can take a while to get a response from someone who knows what they're talking about. The wait is usually worth it though as there are some outstanding people who will be more than happy to advise.

[rle8]

Hehe...thanks

I'm sure any advice will be worth the wait!

[bluedogx]

I don't hold out much hope that the separation agreement will have any sway over the bank I'm afraid. I would say that the bank will hold you liable as you are still on the mortgage agreement.

 

You will both be pursued for any shortfall.

 

B

[rle8]

Thanks for that info.

I went to see my solicitor on Thursday. He pretty much said the same thing but I'm glad I've got him back on the case.

He basically said they can't get blood out of a stone, the only option may be bankruptcy but as I've no assets they may write it off, even though they dont do that lightly. He's writing to them to explain the situation (again!) and we'll see what they say.

He advised I should sue my ex-husband for not adhering to the contract and for the stress and harassment I've suffered as a consequence, but I don't really want to do that. I'm not looking to make any money here, I just want to put my past behind me! And, realistically if I was due any money I'd never get it off him anyway..lol!

[bluedogx]

If your husband has nothing then I don't think suing him is worth it.

You need to check the consequences of bankruptcy with your local cab.

 

Also check the value of your car. You can do this for free on parkers