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seanamarts

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seanamarts last won the day on February 2 2013

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  1. The court claim was in the early 2000s. I stated to them after they had told me that it was a debt from 1997 that it was statued barred, because at this time of the call, I had no idea that the ex had, 1. Not paid it from the sale of the house, 2. Been to court and 3. Had been paying it all this time. To be honest I had no idea what this debt was. I did think that it may have been from the time someone had a phone out in my name back in 2005 but I know I had dealt with that. I requested the documents and placed a complaint before I spoke to the ex and before I had posted in here, or I would have ignored. I was just concerned someone had run up a debt in my name again. I have a really good credit score and didn't want this to go against me.
  2. My apologies for not being clearer, apparently I wasn't added to the mortgage after we were married. As for the loan, this was taken out after we were married. To be honest I don't remember much about it, I suffered a massive stroke about a year or so after, and my memory was affected, amongst other things, there was no issue paying it at that time as we were both working. I couldn't work after the stroke, that's when the insurance should have kicked in but the insurance company refused to honour it. The ex had to cut his hours to help look after me and the children. It was just incredibly unfortunate. We were both quite young. You just don't expect to suffer a stroke in your early 30s. It wasn't long after this that we sold the house and went our separate ways. I'm still not really sure why this debt wasn't paid out of the sale of the house. Could be because it was being disputed still. I wasn't involved with any of the paperwork with regards to the mortgage and what was to be paid to who etc. I did ask for a copy of the signed agreement, for the loan, lowell said they didn't have it. However I do know the ccj was solely in my ex husbands name. I also stated that the debt was statued barred and it has been over the six years. At this point I had no idea about this debt. Thats when she stated that my husband had made a payment last month, so I asked if that was the case why are you contacting me over it. She couldn't answer. Not once did they state that an agreement had already been made by the ex and that he had been paying it for all these years. Only that one payment was made, so they basically lied. I've requested all paperwork with my name on it, they've refused, but said they will investigate and put the case on hold. I've put in a formal complaint.
  3. No, it was a straightforward divorce, very amicable, I vaguely remember signing something about an agreement that all debts must be paid before I had a payment from the sale of the house. This debt should have been included. Trouble is it should never have been a debt as it was covered by insurance if one of us became ill and couldn't work. I had 3 strokes which prevented me going back to work, but they never honoured it, it was disputed, but I really can't remember what happened to it. It was such a long time ago and I don't have any paperwork from that time anymore, didn't think I would need it. I've definitely not had any ccjs in my name so I know I was never chased for this debt. From what I can understand it was taken over twice before it went to lowell, the ex has paid every month without fail, when lowell took it over a payment wasn't paid as no one informed the ex that lowell had taken over. But all this was sorted on the 3rd of last month and a new agreement was done and all payments were caught up. They started chasing me a week ago. I got the letter today. So 5 weeks after an agreement was made with the ex, they decided to chase me as well. I had no idea that there was a debt still as stated, all money owing was meant to have been paid from the sale of the house. I was too unwell to deal with it, plus I wasn't the mortgage holder, I was just named on there due to being married. Just seems ridiculous to be honest. I just think because only a nominal amount is being paid they're coming after me to get it paid off quicker. If they do pursue it via the courts, it would be less than my ex is paying so they wouldn't gain much. But surely I wouldn't be responsible for the court fees ect if I wasn't on the judgement.
  4. Thanks guys. I've requested all documentation on the matter, I've a feeling it won't be sent. I shall keep you updated.
  5. You came across incredibly patronising, and not helpful at all. My name change was not the issues here and certainly wasn't trying to not pay a debt that i would have been liable for, but as stated, i was on the understanding that ALL debts were paid from the sale of the house. My point was, could they still chase me for the debt if it was being paid.
  6. The loan was in joint names as the bank account was in joint names. As was the mortgage. After we were married I was added. My point here is, can they chase me for a debt that is almost 30 years old. The debt was a little over 2 grand, it went to court because the loan was disputed because they wouldn't honour the insurance claim made against the loan due to illness. That was being disputed well after the divorce, which I was led to believe that all debts etc had been paid off. I had no knowledge the debt had even gone to court. The bank was TSB. I don't even know who took on the debt and took it to court. But I know I wasn't on any judgement. Court costs were added, so would I be liable for those that have been added to this debt as well? The original loan was £3000 The debt was a little over £2000, With the court costs added, it ended up over £5000. Just over £4200 is now owed, despite my ex paying every month for the past almost 20 years. It just seems wrong that if the debt is being paid regularly for all that time, lowell takes over and decides to now chase me for it as well. It's just shocking to see this after 20 years of thinking that all the debts with regards to the marriage were paid off.
  7. Haha, I couldn't tell him what to do when we were married, no chance of telling him what to do now lol. Good to see you're still here DX, hope all is well with you. Ex has assured me my name was not on any claim forms from the court.
  8. The loan would have been joint, the court papers were solely in his name. I had no judgement against me. In my married name or my maiden name, which I use now.
  9. And I stated that where? Did you read my post?
  10. I received a letter from Lowell today for a 4 grand debt I had no knowledge of in my ex married name. I havnt used that name for over 20 years. Trying to get any information out of them was like pulling teeth, but they stated information from when the debt accrued, which seemed accurate. However all debts were paid off when the sale of the house went through, so I thought. To cut a long story short, it was an amount of about 2 grand that was outstanding, from a loan, which should have been covered via insurance due to ill health, but wasn't. In 1997. After the divorce and sale of the house in about 2002, I had, so I thought, no debt. However unbeknown to me, and my ex holds his hands up to this, he was in court for this debt and made an offer to pay, my name was not on the papers for this. He has paid a nominal amount, without fail, every month for the last 15 plus years. Lowell took over the account last month, and a month was missed due to a mix up on Lowells behalf by not informing clients of the takeover, so a payment was missed. However, despite the payment being paid and sorted on the phone with lowell by my ex husband, lowell still decideds to chase me for the full amount owed, despite the fact the debt wasn't in my name and its being paid monthly. Now, can they chase me for this debt after all this time, despite the fact that this debt isn't even in my name and its being paid. Its not even on my credit score and now worried it will be added because lowell has added me to this debt. I've asked for an investigation. Im wondering if they are now chasing me because they're only getting a nominal amount from my ex husband, and think they will get more from me. Can they do that after all this time, especially as I was told all debts were paid for via the sale of the marital home.
  11. Sorry guys, this is a long complicated one, please bear with me. I've been helping a lady with her housing/landlords issues, (complete horror story) and it came to light that she claims separately from her partner and she's not sure what benefits she's in reciept of. Both her and ger partner have learning difficulties and both on a disability benefit and claim benefits separately. They both came out of the care system 13 years ago and have claimed this way since they moved into this one bedroom attic flat. They were moved in there with the help of adult social care, who seem to have abandoned them some years back. Her partner is approx 34 and she is 32. He is on full DLA and his money is controlled fully by his mother. I can't get to any paperwork or know at this point how much he is getting. This situation is quite shocking if I'm honest and at the moment I can't go into his details. This lady is claiming separately and states that her money which she gets monthly is just £120 approx a month, she then gets £170 disability. They get the rent paid fully by housing which is £600 pcm. Now this lady claims she has been getting the same amount (£120) per month for the last 13 years, since she moved into this property. She doesn't understand her finances very well and not sure what her benefits are called. Over the Christmas period her money stopped but was reinstated, at the same amount once she was able to talk to someone. I'm appalled, if I'm honest that she has no support at all. Her partners mother and her do not get on at all, so she hasn't support from her, in fact quite the opposite, but I can't go into detail in here. I can't get any advice from any benefit office as they need to know what benefits she is claiming, but she doesn't know, either that or she's too afraid to tell me as she has stated that if her claim is looked at she will lose it or its reduced further. I've a feeling her partners mother has told her this. Any help with this, so I can move forward would help immensely. She's too afraid to go to the CAB Took a lot for her to trust me. As I stated this is quite a bit of a horror story and a clear case that she has fallen through the net. I'm trying at the moment to get social adult care involved but she doesn't trust them either because of the situation they put her in.
  12. Thank you for responding, I had a lengthy chat with RSA and they finally agreed to let the police insurance company deal with the claim. Ive had to agree on some conditions, but im ok with that. This way I wont lose any no claims and im not having to pay out the £100. 00. Ive now been informed by the investigating officer, that they are going forward with a Gross Misconduct hearing and it is likely he will lose his job. Its likely they will try and drop it to a lesser stage. Ive still not been told why he chose not to report it, but Im sure I will be informed in due course.
  13. Im not sure if this is in the correct section as it covers a few areas. Its long winded, so I shall apologise now, but I need some legal advice on this. In the early hours of the morning, in May this year, my car was hit, not too much damage, but enough to cause concern and I have to get it fixed. Its a Motability car and due back in October, so I cant just leave it. I do have CCTV, but only saw my car being shunted forward, unfortunately my CCTV only points one way. My car is usually facing the other way and in full view, but due to circumstances I just parked it where is was and sods law, it was hit. No one else has CCTV down my road. Whoever hit my car, left the broken lens of the back light behind and white paint had been transferred onto my back left side and my bumper had sustained some damage, which will need to be resprayed at some point. It was all photographed and documented. I live at the end of a road, its one way in and out. not many people come down here, so I decided to put up another camera, pointing the other way, in the hope I would catch this person so to claim on their insurance. It was a long shot I know, but usually only recurring visitors come down here. I checked the camera daily for a number of weeks, but soon gave up and started to look around so to get it fixed, I didnt want to report this to motability, I know it states I should, but I would lose my no claims and I had built up many years and living where I do, the premiums are really high and its doubtful whether I could afford it. The reason why Im not taking out another motability car, is because, I simply cant afford it at the moment. I cant justify having it as I rarely go out and use it. A few days ago, two officers came to my door inquiring about my car being hit. they took a statement and stated that they are investigating it, they couldnt tell me why. I looked up the department they stated they were from and It was basically internal investigation's. It wasnt hard putting two and two together. it turns out that it was a police car that hit me. They officer who hit my car, claims they didnt realise they hit my car! well they obviously did as hitting a car and moving it almost a foot, would of made one hell of a bang, not to mention breaking a light. I want to now press charges. If that was me, who hit a police car, then drove off without reporting it, I would be arrested for hit and run, not reporting an accident, careless driving and criminal damage. Can I do this? I dont seem to be getting any straight answers from the police, plus the investigating officer is now on holiday. So thats one instance, the other is that their insurance has admitted liability and are happy to fix the car, they will pick it up , leave me with a hire car and my no claims wont be affected. However they need permission from motability because they own the car. Motability are fine with the arrangement, but their insurance company RSA are not. They want to go through their procedures, Its doubtful I will get a hire car and will no doubt have to travel to their appointed garage which could be over 20 miles away, not only that I have to pay the first £100 and claim it back from the police insurance and I also lose my no claims. Im trying to argue this with RSA but I just feel Im bound by their contract and Im seriously going to lose out here. Any suggestions where I can move forward with this. Being financially strapped right now I doubt I can even afford the £100. apologies again for it being so long and thank you for reading
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