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Hi, A little back ground on the case - i have only just found out about this and don't have all the details but need urgent advice on what to do please.
My husband has received a county court letter regarding a suspended attachment of earnings order. In 2010 my husband had sepsis and nearly died, he worked full time and the company he worked for put him on statutory sick pay, unfortunately he was unable to make his mortgage payments, he asked the mortgage company to put him on interest only for a few months until he was fit enough to go to work again but they denied it, apparently he went to court 3 times and the judge kept adjourning it because the judge thought the mortgage company was being harsh and unreasonable.
My husband then decided he had enough of the going back and forth to court as he was still not completely right after the sepsis so handed the keys back to the mortgage company and walked away. The mortgage company sold the house for way under the market value and in 2015 he was issued with a court order for £400 a month repayment for the shortfall. He had to complete an earnings sheet with his ex wife and apparently the judge issued a court order for the said amount. That marriage then ended and he was forced to move out of the rented property and move into a flat, so he was paying his rent and his ex wifes rent because he son lived with her so stopped payment of the £400 because he couldn't afford to pay it.....rightly or wrongly he 1. stopped paying and 2. didn't inform me of this.
*I am someone who has no debt so i have no idea what he should do. He received a suspended attachment of earnings court letter this week and this is when he has told me about it all. The debt is for nearly £20k. We cant afford to pay the £400 a month as i was made redundant in June and i have set up a company but it isnt making enough money at the moment to pay* me a wage so we are relying on his wage to pay for all bills etc.
The mortgage company doesnt exist anymore so its with a legal recovery team.
can my husband ask the courts to look into this case again and try for a final settlement figure? He has 2 weeks to reply to the court but only 1 week left now as he received the letter on Monday but has been unable to do anything as he has been working* 16 hour days.
Please help.
My husband has received a county court letter regarding a suspended attachment of earnings order. In 2010 my husband had sepsis and nearly died, he worked full time and the company he worked for put him on statutory sick pay, unfortunately he was unable to make his mortgage payments, he asked the mortgage company to put him on interest only for a few months until he was fit enough to go to work again but they denied it, apparently he went to court 3 times and the judge kept adjourning it because the judge thought the mortgage company was being harsh and unreasonable.
My husband then decided he had enough of the going back and forth to court as he was still not completely right after the sepsis so handed the keys back to the mortgage company and walked away. The mortgage company sold the house for way under the market value and in 2015 he was issued with a court order for £400 a month repayment for the shortfall. He had to complete an earnings sheet with his ex wife and apparently the judge issued a court order for the said amount. That marriage then ended and he was forced to move out of the rented property and move into a flat, so he was paying his rent and his ex wifes rent because he son lived with her so stopped payment of the £400 because he couldn't afford to pay it.....rightly or wrongly he 1. stopped paying and 2. didn't inform me of this.
*I am someone who has no debt so i have no idea what he should do. He received a suspended attachment of earnings court letter this week and this is when he has told me about it all. The debt is for nearly £20k. We cant afford to pay the £400 a month as i was made redundant in June and i have set up a company but it isnt making enough money at the moment to pay* me a wage so we are relying on his wage to pay for all bills etc.
The mortgage company doesnt exist anymore so its with a legal recovery team.
can my husband ask the courts to look into this case again and try for a final settlement figure? He has 2 weeks to reply to the court but only 1 week left now as he received the letter on Monday but has been unable to do anything as he has been working* 16 hour days.
Please help.
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