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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34905
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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Clare,I've received the valuations now and am ready

This answer was rated:

Hi Clare,
I've received the valuations now and am ready to send the pre-action letter.
Here is a draft, could let me know if this is ok?
With regards ***** ***** property, for the last three years I have requested from you a financial agreement following the dissolution of our marriage but to no avail. It has now come to my attention that though you are still receiving the rent on the property, the mortgage is now in arrears and the mortgage company will soon begin legal proceedings to repossess the property.
Since it has not been possible to resolve this matter amicably, it is apparent that court action may be necessary, so I write in compliance with the Practice Direction on Pre-Action Conduct.
From you I am claiming release from the outstanding mortgage of £106,606.53 with Cheltenham & Gloucester on the above property. I have obtained a valuation on the property from 3 reputable estate agents, who have valued it at £115,000
Listed below are the documents on which I intend to rely in my claim against you:
Mortgage Statement
Property valuations
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame, then I anticipate that court action to obtain an Order of Sale on the above property will be commenced with no further reference to you.
Yours faithfully,
Do not refer to the financial agreement following a divorce - this is not the option you are taking.
"I refer to the issues regarding the property xxxxx it has now etc.
Then the amicably part
next I think you need to include something like
"I have decided to use my entitlement to address this issue using Property Law and the Trusts of Land and Appointment of Trustees Act'
Accordingly unless you are able to obtain my release from the mortgage with C and G within 28 days I will have no option other than to apply to the court for an order for Sale
listed below etc
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare,

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.

Many thanks


Dear Ms Jane Ajayi


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

Yours Faithfully,

I suggest that you write back and say that so far as that property is concerned you are happy for him to retain it provided he releases you from the mortgage
Customer: replied 2 years ago.

Hi Clare,

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?

Many thanks


Remind me why you do not wish to force the issue of the full financial settlement?
Customer: replied 2 years ago.
Hi Clare, I've tried, he refused to respond, this is the first time he has communicated in over 3 years, and it's only because he's upset about the rent, also he's overseas and I can't afford taking him to court so selling the property will end the only financial tie we have. I'm willing to risk not having a financial order, the time, hassle and money to get it will not be worth it as we have no children and will probably gain nothing financially but a clean break order.
In that case if there is no reply you simply go ahead with issuing the applictaion for an Order for Sale
Customer: replied 2 years ago.

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.

Yours faithfully,

Ms Jane Ajayi

That is fine.