My ex has finally responded.
Below is his response. Could you please advise.
I would really appreciate a speedy response as now he has finally got in touch I want to get this resolved once and for all. Thanks for your help so far.
Dear Ms Jane Ajayi
RE:*****DUNLOP ROAD, TILBURY ESSEX RM18 7BG
In respect of the above named property with mortgage company Cheltenham and Gloucester:
Property reference number: 50000054149685
Contrary to your letter that the mortgage has not been paid for three months, I have made overpayment to a sub account to the mortgage company in excess of 1,376.13 as at 31st December 2014. You can confirm from the mortgage company hence the three months that you did not see any payment reflecting on the statement is as a result of over payment made to the sub- account otherwise the mortgage company would have written that the account is in arreas.
However if you have any letter that the account is in arreas please kindly forward it to me. I have also written the mortgage company to state in writing explaining to you about a sub-account.
Overpayment is also made as to forestall a repeat of what happened few years ago when the property was vacant for more than 6 months that I have to pay the mortgage.
I also make provision for other outgoings which is spread over few months because the rent cannot cover such expenses.
i.e Ground rent , General maintenance of the estate, maintenance of the property due to damages or items that needs urgent attention and insurance.
All this outgoings are also paid alongside the mortgage, insurance, maintenance on a monthly basis only the ground rent is paid every 6 months.
Failure to pay these expenses also attracts legal proceedings in respect of the property.
Since 2004, mortgage and all other expenses have been fully paid for with or without a tenant in the property.
As regards ***** ***** for Alternative dispute resolution (ADR) on the property, I also welcome the idea kindly please let me know what your intentions are on the property and what you really want to do in terms of asset sharing please put forward your proposal.
Can I kindly use this opportunity to demand for my possessions at 8 Lapwing close Erith Kent DA8 2HQ. (Attached document for your perusal)
Let me kindly suggest to you that service should be done by e mail for expedition.
Finally, please bear in mind that mortgage, insurance, ground rent and maintenance have to be paid to appropriate authorities on the above named property which is due for the next half year and some monthly expenses pending the final decision is taken on the property.
Looking forward to you response
Thanks for your response and I will do that.
But just wondering, since I tried that before with the DIY financial order and nothing came of that, what will be my options if he still doesn't release me from the mortgage or agrees to but does nothing? (I don't think he's in the position financially to remortgage).
Secondly, on decree absolute, the court ordered he pay the divorce cost which he has not and in my response I intend to remind him of this as I believe his reference to his belongings is a veiled threat(won't go into details but it was hashed out through my solicitors during the divorce process).
Should I do this or just ignore it and stay on issue of the property?
Hi Clare, here's my draft response. is this ok? thanks,Jane
Thank you for your response.
My intentions regarding the above are as stated in my previous letter which is unless you are able to obtain my release from the mortgage on this property with Cheltenham and Gloucester within the stipulated period I will have no option other than to apply to the court for an Order for Sale.
However, if you are able to do so, I will be happy for you retain the property.
I look forward to hearing from you.
Ms Jane Ajayi