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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have submitted a form e to the court and to my ex wifes representatives. In

Customer Question

I have submitted a form e to the court and to my ex wifes representatives.

In the form e i have disclosed details of Personal Guarantees given by myself and with the knowledge of my ex wife.

These personal guarantees are relating to my business that has since gone into liquidation.

Since submitting the form E i have received a County court claim form from the lenders with an intent to pursue for CCJ.



My question is should I advise the court dealing with the proceedings for ancillary relief of the change of circumstances in order to halt any action by the lender.



many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question - I will do my best to help you but I need some further information first
I am a little confused - do you think that the fact that there are ongoing divorce proceedings will mean that the lender cannot take any action?
Clare
Customer: replied 3 years ago.

Yes I am wondering whether the court would be able to make a judgement and therefore any repayment structure if it could be affected by the outcome of a financial settlement being instructed by the divorce court.


 


I am Divorce Absolute and am facing the dilema of IVA or trying to make a settlement with the personal guarantees for a reduced amount and to pay over many years. I am keen to safeguard my share of the equity and to attempt to rebuild my credit history so as to have my own mortgage and use the equity to purchase a principle residence. My ex wife appears from her financial statement to be able to obtain a mortgage.


 


regards


 


chris

Expert:  Clare replied 3 years ago.
Hi Chris
Are you defending the claim?
Clare
Customer: replied 3 years ago.

No. And I have not made contact with the lender since company filed for liquidation. I am joint and several with another person who is indicating that he will declare himself bankrupt.


 


Therefore I am keen to negotiate down to a lower level. part of the Personal guarantee is for a loan under the European Finance Guarantee. It is my understanding that they will pursue both parties to recover as much as possible and then they can seek repayment through the Government backed Scheme.


 


Regards


Chris

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the fact that there are ongoing matrimonial proceedings does not affect the case that the company has against you
However you will need to tell the Matrimonial Court about this development
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

thank you for your advice.


 


it is appreciated


 


Chris

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Clare