Amigo Loans, land registry-I am out of my depth

[brianh]

My daughter bought her house in the year 2000, in July 2007 she met and married a man. In December 2007 they re Mortgaged the house in joint names both on the deeds and the mortgage.
Her Husband left her in January 2009 after taking advantage of her finances to the tune of £32,000.
He disappeared from her life and has been difficult to trace.
She has just recieved notification that he took out an Amigo loans for £4,000 using his mother as guarantor. He has defaulted on the loan and Amigo have taken him to court, they won. He has still paid nothing and now they want to put his debt against my daughters house via the local court.
I have, on her behalf written to both the court and Amigo saying that he may have legal ownership (name on the deeds) but he has no beneficial interest due to his length of residency 18 months and the period they lived together as man & Wife, 18 months. He has recently taken a phone contract, that again he hasn't paid, against my daughters address and it seems he may have a bank account registered to the address-these have been reported to the companies and they have both been referred to their fraud sections.
We are going to attend the court case on the 25th April and I have submitted a resume on a time line, of the history of the house and their relationship[p and also sent the court and Amigo supporting documentation, EG council tax 25% discount given from his date of leaving.
I feel out of my depth with this and it seems Amigo will not back off despite my/our argument about beneficial interest.
Is there anything more I should have done or be doing or is now hope the court see this estranged husband for what he is , a con man!!

[charitynjw]

Re: Amigo Loans, land registry-I am out of my depth

My daughter bought her house in the year 2000, in July 2007 she met and married a man. In December 2007 they re Mortgaged the house in joint names both on the deeds and the mortgage.
Her Husband left her in January 2009 after taking advantage of her finances to the tune of £32,000.
He disappeared from her life and has been difficult to trace.
She has just recieved notification that he took out an Amigo loans for £4,000 using his mother as guarantor. He has defaulted on the loan and Amigo have taken him to court, they won. He has still paid nothing and now they want to put his debt against my daughters house via the local court.
I have, on her behalf written to both the court and Amigo saying that he may have legal ownership (name on the deeds) but he has no beneficial interest due to his length of residency 18 months and the period they lived together as man & Wife, 18 months. He has recently taken a phone contract, that again he hasn't paid, against my daughters address and it seems he may have a bank account registered to the address-these have been reported to the companies and they have both been referred to their fraud sections.
We are going to attend the court case on the 25th April and I have submitted a resume on a time line, of the history of the house and their relationship[p and also sent the court and Amigo supporting documentation, EG council tax 25% discount given from his date of leaving.
I feel out of my depth with this and it seems Amigo will not back off despite my/our argument about beneficial interest.
Is there anything more I should have done or be doing or is now hope the court see this estranged husband for what he is , a con man!!

It will almost certainly be in your interests to attend the court and to present your evidence.
You need to understand the way property (land) law works.
Property can be owned in different ways.
Very briefly this is legal ownership and beneficial ownership.
The legal owner ( the names on the title) is not necessarily the beneficial owner.
If your sister can show that she bought the house before they were married and he did not contribute then there is every chance the judge will say that he has no beneficial interest and refuse the charging order.
How incidentally are you going to remove his name from the title without his consent?
Have they divorced?
The other thing is that if the charging order was made it only attaches to any share the court declares her ex may have in the property. It would not attach to her share.
My guess is that on hearing the facts that they were married only three years,house purchased six years earlier and no financial contribution (indeed a negative) that a judge will say he has no interest.
In addition you should contact the phone company and advise that he has fraudulently stated that is his address.
The £32000 debts you state were left - were they in his name or joint/sisters name?

http://www.thelawforum.co.uk/loan-co...house-can-they

:tinysmile_twink_t2:

[brianh]

Re: Amigo Loans, land registry-I am out of my depth

Hi charitynjw
Thanks for the info and link, saw that last week.
His name cannot be remove as there is an interim charging order on the house so that will have to wait.
The objection submitted states clearly re Legal and beneficial interest and I hoped the loan company would back off when they got the objection, but they haven't, hence my concern of being "out of my depth", but from what you say we cannot do any more.
Re the phone and other fraud he may have committed, I believe the Police are now involved, but I am not party to any more info.
I now have all the debt info and the total is £38,342.27, a mixture of credit cards, TV service (sky) he signed up for, loans, unpaid mobile phones. cars X 2 etc. In fact the list is endless. CAB are sorting this for her at the moment as at my age it's more than I can deal with.
Divorce situation is, to say the best fumbling on with all sorts of reasons for delay.