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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 in the last year gone through a divorce and which we

Resolved Question:

I have in the last year gone through a divorce and which we have settled through the courts, in the settlement I kept the house. When we was married we had a loan secured to the property in joint names and in the final court order my ex wife was ordered pay 50% of loan on the due date each month but my ex has not managed to keep to the order and is now 2 months + in arrears on her part which is now causing me problems with phone calls and credit ratings etc. As my ex is now in contempt of court regarding the none payment can I please ask what is my best action
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Nicola,


 


I do need an answer so I can wait.


 


thabk you

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long ago did you write to her?
Clare
Customer: replied 3 years ago.


Clare,


 


I have Contacted my ex many times over the last 8 months regarding her constant late payments and the last time would have been three weeks ago.


 


Regards


Nigel

Expert:  Clare replied 3 years ago.
Hi
I am sure that you have but that is not quite the same as writing a formal letter as I suggested earlier this month.
You need to write and say that unless in future she pays you direct so that you can ensure that the loan payment is made in full then you will have no choice but to apply to the court to enforce the Undertaking that she gave
You need to give her 14 days to reply.
If there is no response then you need to apply to the court on a form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
and ask the court to order that she pays you that sum each month so that you can deal with the loan.
Please ask if you need further details
Clare
Customer: replied 3 years ago.


Clare,


 


Thank you for your reply, I have sent a letter but my ex strongly disagreed as her point is that she is liable for 50% of the loan only to Barclays and she would never pay me any money.


 


I was just thinking then is this the best avenue to go or should I if possible enforce the order. My ex was explaind by the judge at the time that if the order was not maintained it would make her contemped.


 


I was just looking for some advice.


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
When was that letter sent?
Clare
Customer: replied 3 years ago.


Clare,


 


2nd June.


 


 

Expert:  Clare replied 3 years ago.
Hi
When is the next payment due?
Clare
Customer: replied 3 years ago.


Clare,


 


The next payment is due the 5th of July, to date my ex is three months in arrears.

Expert:  Clare replied 3 years ago.
Hi
Just to check - she has missed the June payment and this has been confirmed by Barclays?
Clare
Customer: replied 3 years ago.


She has missed the Apr, May & June payments with the next due on the 5th July, I have obtained a statement from Barclays with a list of all payments and the account is showing £766.62 in arrears (3x £255.54 pm)

Expert:  Clare replied 3 years ago.
Hi
In that case you can go ahead and make the application on a Form D11 paying the fee of £95
Clare
Customer: replied 3 years ago.

Clare,


 


Thank you for your reply.


 


Please can I ask is this the best option applying that I take over the loan on form D11 as she has maintained that she will not pay me a penny which will no doubt involve further court action in to recover my losses or is it possible to apply to the court to enforce the court order where she is now contempt. If I am honest I think I would prefer the latter and if so how would I go about the enforcement.

Expert:  Clare replied 3 years ago.
Hi
Your method of enforcement is to ask the court to order her to make the payments to you - then if she does not you can enforce it directly against her bank account
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you