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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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Joint secured debt, post divorce I am retired and unable to

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Joint secured debt, post divorce I am retired and unable to afford the repayments on a debt IRO £39,000, my x husband refuses to pay half the debt.I simply cannot afford the monthly repayments.He still works.How can I persuade the creditor to allow me to okay just half the monthly debt, and they pursue him for the other half?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

Is the creditor a bank?

Kind regards

AJ
Customer: replied 2 years ago.
It us White Label Loans which us part of the West Bromwich a building society I believe
Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Was there any mention of the loan in your divorce settlement?

Kind regards

AJ
Customer: replied 2 years ago.
No.With respect my solicitor although sorted my divorce on grounds of unreasonable behaviour, there was no mention of the debt or settlement terms as such, I find not seek financial " settlement" as he was so unreliable, and our house had to remain in joint names, because I didn,t, according to mortgage company C&G have sufficient income to be considered to have the mortgage in my name alone, although my x had no objection to it going into my name alone. This crippling loan with White label is secured against the home, we were forced to consolidate debt, when x was not working for long periods in 2008, and I have for the greater part always ended up paying for it.
My solicitor annoyed me by stating that my x husband, even though I remain the damaged and injured party had up to five years to claim part of my pension!...unless he remarried!...thank goodness he did last year. My decree nisi came through, about November 2912.
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Can you tell me how much the house is worth and what the outstanding balance is on the mortgage and loan?

Kind regards

AJ
Customer: replied 2 years ago.
House value, is a moveble feast! It's a grade 2 listed last year valued at £350k, now on market for offers over £275k.
Outstanding mortgage is £204k , I pay interest only now .
White label loan is circa £40k( to pay it off!) debt is approx £38.5k,
Interest only repayments on mortgage are £421 / mth
Expected payment against loan is £550.this month I paid £250 as that,s all I can afford to keep my head above water, but altho, white label gave contacted Eric my x( who says he will pay £300 for a couple of months...he hasn,t) white label say they can't " force" him to pay any money towards thus debt, even though it has always been in joint names!...so why am I having to be the muppet and cough up each month I have paid the required amount, since beginning of /2010 as my x was reliably unemployed and nearly always. Drunk!...but he us a contract worker, and currently in work, in London.
I just am finding this constant pressure of trying to make ends meet a nightmare, my pension is £1500, I have support thro, the step change group, helping me with other creditors...But I just don't have a life with this continuing burden.please can you advise me...I have no cash cow that I could use to attempt to take my x to court ...and. Besides there would be no way he would pay up...I would just like white label to pursue him for £20k of the outstanding debit ..and I will happily muddle on and pay off my £20k!...is there any, any common sense legal process that would allow this to happen?..ps the house sake that was pending has just fallen through again!..due to buyers been ill! Can you help?.thanks annette
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I am just working on a full response, I think I have all the detail I need.

Can you just confirm, is your ex husband consenting to the sale? Do you have a record of all the contributions you have made on his behalf?

Kind regards

AJ
Customer: replied 2 years ago.
Yes he is consenting to the sale,! one credit card company of his, who he has never paid , think it's MBNA, put a county court order against the property, for when it's sold!...that card. Is in his name only.... Don't think they,ll succeed in recouping their liss it's for £6.5 k and growing!
As it was in joint names, the payments gave just cone out of my bank account.
I can go back 2009 September or October and show that that was the last time he made any meaningful contribution , from working to okay towards the mortgage, and the white label loans, so would old bank statements, with his " few" credits be acceptable, as everything was paid out through my bank account he only had a savings account.
Hope this is sufficient.
Many thanks for your patience in ascertaining information from me AJ, am going out now until tea time, but will reply when I receive your response.
Best regards,
Annette
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you very much.

I will type a response.

It may take me a little while so please do not be concerned if you do not hear from me right away.

Kind regards

AJ
Customer: replied 2 years ago.
Thanks AJ,
Look forward to hearing from you in due course
Best regards,
Annette
Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

As this is a "joint and several" debt the lender can go after either you or your husband. Your options are to either:
1. Negotiate with the creditor to just pay half; or
2. You are entitled to sue your husband for his contribution under the Civil Liability (Contribution) Act 1978.

Unfortunately as you are living in the property that is the subject of the charge then you will always be the first choice debtor that is pursued by the creditor.

As an alternative it is not too late for you to make a claim within the divorce proceedings for this to be dealt with as a financial issue - and you will need to do so if you want to receive the majority of the equity on sale of the property. The court may order your ex to make payments towards the loan - but then he will probably get a share of the equity as well in that circumstance.

Your options are limited to going back to the divorce court or negotiating the creditor.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.
Thank you for your candid advice.The overriding problem I have is zero disposable cash at the end of a month due to paying both the mortgage, loan, living exoenses and creditors.
Negotiating with the lender to be responsible for half of the loan, is there any precedent set for creditors to accept this?, ( legally/ through the courts?) given the fact that White label are always telling me that the loan was taken out in joint names...surely joint responsibility/ ownership of debt could be apportioned post divorce.
If not have you any idea how much it would cost to sue my x under the civil liability contribution act 1978.?
Many thanks for the glimmer of light you have shed so far AJ
Annette
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I am afraid there is no precedent for negotiating with the lender, it is not a legal write, it is up to you to explain to the lender your affordability and try and settle on a figure you can pay by yourself.

To sue under the Civil Liability (Contribution) Act 1978 you could make this claim yourself in the county court, all you would have to pay is the application fee. Have you kept a record of what you have paid on behalf of your husband?

The ideal situation would be to just get the house sold asap so you are not incurring any further interest payments.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks so final but of info..... Is there a fixed application rate to be paid to the county court?
Your support has been great , thanks AJ

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