Charging Order on house for Car finance £25k from ex boyfirend!! Help

[intentions]

Hi,my partner bought a car in 2007 with secured car finance for £20k. The repayments we 350 a month. Lombard Finance (july 2007)after 3 months of the agreement he ended up with a 3 years sentence and was in jail from december 2007 to jan 2009. i wrote to them to ask to lower payments they declined.

 

 

he then continued to pay for the car until hei got out (11 x £350). he missed a few payments when i got out and they lowered them to 250. he never paid one after they lowered it and they never sent me any default letters each month all i recieved was an end of year statement. he sold the car to someone who said they would settle the finance aorund feb 2010 (ihe gave them the car ..

 

Stupid i know and finance hasnt been settled)I own a property with my him. i paid mortgage since dec 2007 til present. when he got out of jail in jan 09 he lived there for 2 months then we split and he moved out.

 

We are tenants in common on the mortgage. the morgage is 144k and the value is around 140kwe paid 160k for it in 2007 and i have a 52.5 % share becuase i paid 8k deposit and we had 8k vender deposit.

 

They (shoesmiths solicitors) want to put a charge for 25k on the property for the debt . they have an interim order. I have been sent an objection letter from the LR and have to respond in 4 days.Lomabrd (shoesmiths sols) dont know where my ex is

 

What shall i do? what shoudl my ex do? i liive in the house with my daughte rwho is 2 years old . i have paid morgatge and will conitnue to do soLambard have not made any efforts to find the car ( i have an idea where the car is) or locate him really. they didnt send default notices for 12 -18 months when he wasnt paying. Now they want 25k against property.What are the best options to stop this?

 

Thanks Janice

Edited January 27, 2012 by citizenB
spacing for easier reading

[intentions]

Is there anything i can stop the charging order? i am even prepared to give shoesmiths £5k savings to stop? the house is in negative equity and i have paid the mortgage payments for last 4 years!! i work 2o horus work and get workign tax credits and childcare allowance etc.

[Ganymede]

Is there anything i can stop the charging order? i am even prepared to give shoesmiths £5k savings to stop? the house is in negative equity and i have paid the mortgage payments for last 4 years!! i work 2o horus work and get workign tax credits and childcare allowance etc.

 

 

 

Hi,

 

 

This isn't your debt so there is nothing you can do other than write to the Court and Land Registry with your objections however in all likelihood the Interim Charging Order will be made Final and registered against your property as a Restriction.

 

The usual reasons to object are the debt is his only and the house is in joint names, negative equity, young child living there, unfair on other creditors etc.

[Isiris]

Hang on

 

Before they can get a charging order there needs to be a CCJ which you havent said there is.

[AndyOrch]

Safe to assume Isiris " they have an interim order. I have been sent an objection letter from the LR and have to respond in 4 days.Lomabrd (shoesmiths sols) "

 

Regards

 

Andy

[Isiris]

Maybe they have got one but has it been executed correctly.

[AndyOrch]

Maybe they have got one but has it been executed correctly.

 

Not with you Isiris?

[Ganymede]

Maybe they have got one but has it been executed correctly.

 

 

Its irrelevant to the OP as its not her debt.

 

That would be something for her ex partner to dispute and apply to set aside etc.

[debbbbsy]

They will get the CO, but this will only appear as a restriction on the Land Registry. They are only making a charge against his portion of the equity. ( which there isn't any).They can't make an application to make you sell the property, and this charge won't effect your ability to sell in the future.

 

Don't pay them any money from your savings.keep that for yourself and your daughter .

 

Its up to him to sort this out.

 

If he's not contributing towards the mortgage, you need to sit down and decide whats best for the future.

 

In your response to the CO, inform them that he is nolonger living at the address. Provide proof that he is not contributing towards the mortgage and maintenace of the property ( show statements of your account payments ). The current valuation of the property and that you have a daughter.

 

Debs

[Gaston Grimsdyke]

They can't make an application to make you sell the property

 

Er yes they can. Anyone with a restriction can apply for an order for sale irrespective of whether there are any co-owners. The co-owner's interest in the property would be translated into an interest in the sale proceeds. Having said that it is extremely unlikely Lombard would take that step, especially whilst there is negative equity, so the OP can simply let things take their course and not worry about it.

[Ganymede]

Er yes they can. Anyone with a restriction can apply for an order for sale irrespective of whether there are any co-owners. The co-owner's interest in the property would be translated into an interest in the sale proceeds. Having said that it is extremely unlikely Lombard would take that step, especially whilst there is negative equity, so the OP can simply let things take their course and not worry about it.

 

 

 

Very true.

 

Technically the Claimant could apply for an Order for Sale but as Gaston said the chances of it actually happening are slim to none.

[debbbbsy]

When she puts in her defence to the courts, she can request that the judge on making the order, puts a restriction on the charge which will prevent Lombards from applying for a For Sale order.

 

Especially as she has a young child to support, the courts will not make them homeless.

 

Are you able to sit down with your ex and discuss this ?

 

Did he recieve the court documents and acknowledge the claim ?

 

Aslong as his name is on the deeds, you guys need to communicate. But please don't use your money to pay his debts.

 

Good Luck