F&Fsecured loan with Elderbridge - coerced debt and selling house

[dx100uk]

well done you i'm going to recommend we announce this too.

 

i've merged your old thread for history

[Myfamily]

Hello all, well its ben a while since I've been back here - been having a battle with FOS and Elderbridge!

Long story short 

- back in 2018, my neighbour who also had a first plus loan originally had her balance reduced to nil after Elderbridge tried to repossess. 

In the meantime I had a complaint with the FOS and stopped paying in 2018,  it finally got to the end and the FOS said that they could not do anything as my case had been to court  - this took approx. 4 years! 

I decided to do an N244 application to vary the original judgement. that went to court in April and was dismissed by the judge because of the length of time passed since the judgement - even though a lot has changed since then and I was pretty lucky to get that! they also said EB would have to start new proceedings etc. Obvs they're not going to do that!.

18 months ago my husband and I split - it is an abusive relationship and i want out - in order to do that we need to sell, he refuses to leave the house without his share but neither of us think we should be paying the redemption figure they've given of approx. 140k, and my ex refuses to even sell unless we can get a reduced settlement agreement with them which effectively traps me here.

Can anyone help me with what to write in my letter - writing it in a way to make it appealing if that makes sense.

I was thinking about adding this that I found.

It seems there was a case where the person had an open account but had not paid or acknowledged in 12 years and went to court where they found the loan Co could not chase them and the charge was removed.   

Now obviously we've acknowledged recently but I was thinking of adding a line in the letter to say that I'm making this offer in full and final settlement of the account, if they don't accept or negotiate in some way and we agree a figure I will stay in the house for 12 years and will not pay another penny or acknowledge the debt again and then apply to land reg to have the charge removed.

I think these are the parts of the legislation that apply.

https://www.legislation.gov.uk/ukpga/1980/58/section/15 https://www.legislation.gov.uk/ukpga/1980/58/section/17

https://www.legislation.gov.uk/ukpga/1980/58/section/20 

 https://www.lawteacher.net/cases/ashe-v-national-westminster-bank.php

And I would also agree to sign a Non disclosure order and no claim for compensation in the future 

Can anyone help please?

[dx100uk]

i have merged this new thread with the old FOS one so people can read the full history if they wish......

[Myfamily]

Thanks DX  

[Myfamily]

Hi Everyone.  

It's been a while I was here before due to long running battle with first plus/elderbridge and the interest rate argument.

My husband and I have separated and are selling the house.

We were together for 20 years and it took that long for me to realise that he is a narcissist and everything he did during our relationship was abuse, we separated about 2 years ago but due to finances and the first plus/elderbridge complaint still ongoing we could not sell etc. Things after this got very nasty and  about 18 moths ago I had to call the police due to his behaviour and then take out a non molestation order.

Looking back at emails and texts message from him I see everything in a new light, I was young and naïve when we met (he was 6 years older and had been married and had a child before) and love bombed me and then I got pregnant and we moved in together within 6 months! 

But to cut a long story short, he is a gambler and not a good one!  he is also a taxi driver.   In the time that we have been together he has coerced me to get into debt - he's asked me to apply for payday loans for him, credit cards and worst of all every time he needed money for cab repairs,  or money he'd lost gambling he would make me ask my mum (because he knew that she had money saved)  which stupidly I did.    now it comes to selling the house and he has said he has no intention of paying my mother back!

We never signed anything, but my mum sent a breakdown and listed reasons for each loan - mostly it's the costs of two taxi's and repairs to those taxis and sometimes tax payments (because he never put that money aside!)   I have text messages and emails going back a few years where you can see he made me ask her - it's hard to explain but it was a lot of guilt and saying that he felt depressed and that my mum lending him the money for this that and the other would make him feel better and he would be a better person etc etc - I'm an idiot for believing any of it and I see that now as his true personality has come out more and more as he is saying he has not signed any agreement therefore will not pay my mum back out of the sale of the house, he has however on many occasions in text messages and emails said that her would pay her back when the house was sold in the future (obviously this was before we split)

Once the house is sold I have calculated that we would be left with approx 65k each after paying her out of the proceeds, he complains that this is not enough for a deposit to buy again.  he looked at buying me out but the payments would have been too high,  and that was borrowing probably the same amount that it would have been to buy me out so i can' see that he's going to be buying anything any time soon - especially as rate are so high anyway and also he's 52 so is hard anyway!

I have found a place to rent so 65k is enough for me, I don't plan to buy again yet.

But my question is

what can I do about his refusal to pay my mum back what she is owed.

The amount is 80k

Can I ask the conveyancing to hold the 80k back or even his half that he is disputing? and I pay her my half - I am not denying that I owe it to her and I never would - he clearly has no morals.  The thing is once that money reaches him he will make me take him to court for it.

And this part will sound awful but I want to tell him that paying his half back to her will cost him a lot less than the alternative (he has been a taxi driver since 2009 - so nearly 15 years and has not declared his earnings to HMRC for at least 8 of those years!)  I don''t want to go down that road but if it was the other way round he would not hesitate!

Any suggestions of what else i can do?

Thanks

 

[dx100uk]

re titled and merged with your historic thread.

why not just do it and let him goto court for it if he's that brave and wants it all to come out infront of a judge?
dx

 

[Myfamily]

Hi Dx,

I'm not sure what you mean exactly - the house is being sold it has to be so that we can move on.  let him just do what?

I need to make sure he can't get rid of the money or hide it,  he will make it very difficult for me.

I really need to know if I have a leg to stand on re the debt he owes my mum - if I Can show that he has acknowledged it before and has said he would pay it back is that enough?  I can can show emails and text messages - one of the emails is where her blatantly coerced me into asking her for 25k 

 

 

 

 

[dx100uk]

sorry i read that it had been sold.

how is he gonna get his bit? cant you just give it to your mum...

[Myfamily]

Ah no not sold yet.

Well that's sort of my question. 

 He told me he wants his all money sent to his solicitor and that any claims for money that is not secured on the house will have to go to court,   

he told me that his solicitor asked for me to send him any agreements that he had signed for this money he owes my mum, of which there isn't any and he knows that,

I sent him one of the emails where he acknowledged that he owed her money and said he would pay it back when the house is sold,  as well as screenshot of that money coming into our account and being paid out to people he owed that was about 5 years ago when we had decided to sell the house to clear debts and start a fresh! 

that's when he started making suggestions of asking my mum for another 25k to clear debts instead so we could stay, and that he would change and be a better person - and me like an idiot believed that.

What I'm worried about is that anything done before the house is sold and completed will make him pull out of the sale to spite me and he will sit here and I will still be liable for half the mortgage and be paying rent at the same time. 

I need the sale to go ahead and thought that I could have the disputed amount held back by the conveyancing solicitor. 

 

 

[dx100uk]

 out of our league i feel.

dx