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Charging order

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  • #16

    ​​​​​​afternoon... no the solicitor I used has now retired... and yes house solely in my name now... my ex bankruptcy was 5 yrs ago.. which I believe bankruptcy only lasts a yr now??'.. plus I do no hes earning £700 a wk as csa finally caught up with him as he refused to pay for his children..
    thank you
    xx

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    • #17
      Afternoon
      the solicitor I used is retired now. And yes house is,solely in my name.. my ex went bankrupt 5 yrs ago and if im right bankruptcy only lasts a yr??. Also I no hes earning £700 awk.now as the csa have finally caught up with him.as he refused to pay for his children..
      xxx

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      • #18
        Ahhh so he thought he'd got away with stuff by going bankrupt and it's going to come back to haunt him now.... I think there are different terms of bankruptcy but it didn't wipe out that indemnity. It seems you have liability for the debt to the creditor - but as he agreed to indemnify you he has to pay you back. I would try and get a bit of formal advice from a solicitor before making payments though - many solicitors, particularly family law, will do half hour free consult, which should be enough time to get that term of the financial consent order clarified .... try find one who deals with financial consent orders generally as you might need to go back for their help to enforce it... or actually, reading back, it sounds like Joanna C has experience in this area and I'm sure she'd be happy to have a chat about it - at least give you an idea what your options are and an idea of what it may cost.
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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        • #19
          Awww thank you for you help... yes he certainly new what he was doing.. he even made a comment to the judge in the divorce court that if he was given the debt he would go bankrupt....
          I phoned a solicitor today as got a free 15 mins and I can take him to court to claim this money back but im looking at around 5 grand plus to do this... I cant afford that... he messes around with my child maintenance pays one lot then nothing for months... I have 3 kids and a mortgage to pay... I do work but youngest is only 10 so have to work certain shifts to make sure im.home for him... its very hard at the minute... if wasnt for kids,I think I would just sell up and pay debts but as there wont be any money left in house to buy a new home for them.I cant... I have been to council to see if they would re house us but they wouldnt they said if I sell then ive made myself homeless.... I feel like im in a massive hole right now and cant get out...
          while he has no debts nice new house and car anf £700 a wk wage... just dont seem right to me... he aint even seen his kids for 5 yrs... told them he has new family now and dont want contact... thats what a lovely man.my ex is... anyway sorry for going on..
          thank you for all ur help
          xx

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          • #20
            Blinking heck.... £5k ? How much is the Charging Order for ?

            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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            • #21
              15 grand... xxx

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              • #22
                Sorry, just got stuck at the £5k bit... and people wonder why there's so many unrepresented litigants in the courts..... I'm pretty sure Joanna wouldn't charge anything like that much - and might possibly look at a back end costs or no win no fee type arrangement ( I don't know though, but I've not had any bad reports back about her costs from people who have used her - worth an ask ? ) Otherwise it is something you can do yourself. The court system is generally pretty straightforward - you have the evidence of the indemnity agreement, the charging order and the claims made by the creditor - and you'd have evidence of your payments to claim from him. It'd mean some work and research to get it right but it's not beyond the realms. The court fee would be a hurdle though, and it would be in the fast track so there are costs considerations if you did end up losing the case, particularly if he engaged a solicitor.

                I know how tough it is with 3 young children and a useless ex who doesn't feel he need contribute .... it does get better eventually - just remember it is his loss, not yours or the kids, and you are perfectly capable of doing the best for the kids you can without him, and they do appreciate it, however much they might moan ( mine are 18 ,17 and 15 now but were 9, 8 and 6 when we divorced - he took the house - I took the kids... )

                What other debts have you got? are you in a DMP or anything ? looked into remortgage to release any equity ( if there is any?)

                Oh also, have they written to you threatening to do anything with the charging order? or just asked for installments ? You could just offer them what is affordable .... be it £5 or £50 or £150 a month - based on what is affordable to you. Sale orders are extremely rare ( I think it was something like 4% ) and with young children it's really extremely unlikely to happen, if that is what is concerning you about the debt ? or is it just 'why should I pay it when he should be doing it' ? ( in which case make sure you and the house and kids are secure and worry about him paying anyting back under the indemnity later )

                Might be worth making a CAB appt and going through your whole situation and income/expenditure - they are pretty good at looking at the overall situation xxx
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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                • #23
                  Awww thank you... ur very kind... I have offered them £5 a month and its more the fact in the divorce there was 4 debts.. I took two and he was told to take the other two... ive stuck to my side and been paying even tho the debts I took where more then his two but as I got house I was happy to do that as only fair... wish now I hadn't been so fair...
                  how would I contact Joanna, im so new to this took me half hr to work out how to post something lol...
                  xxxxx

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                  • #24
                    Her details are in her signature - worth an ask even if she can't help she might have some thoughts on how to move forward - http://legalbeagles.info/forums/foru...99#post1394299
                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #25
                      Thank you so much for your help xxx

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