Backdated Tenants in Common.

[Fluff16]

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.

[ThedaBara]

Just bizarre! What do you mean by 'he refused to acknowledge them'? They get judgement by default if they make a claim and it's not acknowledged…

 

Did you not say anything to the creditors about it being a joint loan? What about at court… did you remind the court that it was a joint debt? I'm not really getting my head round this.. is there something missing? Did you agree with your partner to take on his share of the debt? TB

[Fluff16]

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.

[Fluff16]

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.

[ThedaBara]

Hmmm… it's very complicated…

 

Perhaps you should close the joint bank account which the tax credits go into if he is no longer entitled to them…especially if you are no longer in a relationship with him.

Have you tried Citizen's Advice? I know they are usually rubbish but they might be able to give you a little help… what you really need is to see a solicitor, I think most will give you an initial half an hour, free of charge…

They might be able to advise re the CO which should have been in both your names…

 

The reason he wants the house repossessed, rather than sold, is that he knows that 90% of any equity will go straight to him… and you'll be left with the debt which is still in your name only… you really should get some proper legal advice. TB

[Fluff16]

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!

[ThedaBara]

I closed my joint account where there was an outstanding overdraft.. I set up a direct debit to pay it off. If it's blocked, it's closed anyway, I suppose…

 

I feel that you should have insisted that the debt was joint… but too late now. You signed things, possibly under duress, but a signature, unless it's forged, would provide evidence that you were in agreement with whatever it is you signed..

 

Yep, the insurer will have a helpline and whilst they won't cover your legal fees for a pre-existing matter, they may be able to advise… worth a try. Good luck!

 

TB

[Fluff16]

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.