Charge on Land

[Paddywack41]

Apologies if this is a bit vague but I am writing on behalf of my wife who is too upset at the moment to do it herself. My wife got divorced approx 8 years ago and we got married a year later. As part of the divorce her ex husband who had left her with all the debt on the house etc agreed to the divorce on the agreement that he would have no claim on the property and that she would continue to pay the mortgage and other debts. Approx 2 years ago her ex had a very serious accident and was put into a care residence somewhere (we only heard this from a distant relative). since then we have hear dnothing and it is not beyond the realms of possibility that he has passed on. Prior to his accident we found out that he had bought a new (second hand) car but assumed he had done this himself. After the accident the car set outside his house and eventually dissappeared (we assumed whoever he bought it from collected it).

Today we recieved a letter from the court with a charge against land for just over £6,000 from advantage finance and we can only assume that this was for the car. The first we have heard of this was when the letter arrived so he must have taken a loan out agains the house even though at the time he had no claim on the house. We are now at a loss what to do. We cannot contact him (we dont know where he lives or even if he is alive), we are not sure if we can speak to the court or advantage finance as we are not him. After paying for all the debts he didnt pay prior to the divorce, we have only just got back on our feet and we don't really want to go on paying for something that we didnt have. We will try and see a solicitor tomorrow but we assume time is off the essence. Has anyone any experience of this our any ideas as to what we can do? Thanks

[atticus]

I hope that the solicitor will be able to give you clear guidance when you see him or her today.

If there is a judgement against your wife's ex, and not your wife, then the best a creditor can obtain is a charging order against his equity in the property, such as it may be. Ultimately the question is whether he has any equity.

[JK2054]

Apologies if this is a bit vague but I am writing on behalf of my wife who is too upset at the moment to do it herself. My wife got divorced approx 8 years ago and we got married a year later. As part of the divorce her ex husband who had left her with all the debt on the house etc agreed to the divorce on the agreement that he would have no claim on the property and that she would continue to pay the mortgage and other debts. Approx 2 years ago her ex had a very serious accident and was put into a care residence somewhere (we only heard this from a distant relative). since then we have hear dnothing and it is not beyond the realms of possibility that he has passed on. Prior to his accident we found out that he had bought a new (second hand) car but assumed he had done this himself. After the accident the car set outside his house and eventually dissappeared (we assumed whoever he bought it from collected it).

Today we recieved a letter from the court with a charge against land for just over £6,000 from advantage finance and we can only assume that this was for the car. The first we have heard of this was when the letter arrived so he must have taken a loan out agains the house even though at the time he had no claim on the house. We are now at a loss what to do. We cannot contact him (we dont know where he lives or even if he is alive), we are not sure if we can speak to the court or advantage finance as we are not him. After paying for all the debts he didnt pay prior to the divorce, we have only just got back on our feet and we don't really want to go on paying for something that we didnt have. We will try and see a solicitor tomorrow but we assume time is off the essence. Has anyone any experience of this our any ideas as to what we can do? Thanks

is the order in your name or the wifes? Whos name was the car in?

[PallasAthena]

Bit of a long shot, but do you know the registration number of the car? If you can get that there is a procedure at the DVLA called Form V888 where you can find out who the Registered Keeper of the vehicle is. I'm not sure whether they can tell the past Registered Keeper though. You have to have 'Reasonable Cause' [info on that on the link below but I'd say you do have it] but it might help you find out how your wife came to be associated with the vehicle.

Request by an individual for information about a vehicle (form V888) - GOV.UK (www.gov.uk)