Joint PPI claim

[Sapper 62]

Re: Claim

In the absence of a formal financial arrangement following your separation I can't see any grounds he's got to take you to court for the PPI refund paid to you.

Why not get written estimates for all the work which needs doing to make the property safe for you and your (his too!) daughter. Ask the contractors to include any relevant wording on the estimates such as "rewire to comply with current building regulations" etc.

Sometimes it helps to present someone with a logical reason for doing something which they don't like (i.e. not handing over the money). Perhaps when he realizes his daughter will benefit from the expenditure he'll stop being so agitated about it.

You've not said who will own (in law) the house when your child reaches 18 years old. If it's in both names you may need to explore the potential for him to claim his financial interest (in the equity) if he has been paying the mortgage for years. It's nice to have a private arrangement but sometimes you need to protect yourself in the event things turn sour at a later date.

If you have already agreed how the property equity will eventually be divided (or not) then he might see that money spent on repairing and maintaining the house is also in his best interests.

Di

Hi
Thanks again for advice I will get the quotes as you suggest and we are both on the mortgage , which he originally warned that when daughter turns 18 I take over the house either re mortgage or see what inheritance I gave to okay off what is owed or a deposit when re mortgaging , this would mean then I wouldn't take a share of his pension. I gave been advised a form E could be completed then he would have to state he is cohabiting and also declare his property or part ( with new women) that he has in France and I am sure he doesn't want that to happen. I do feel more confident now to say I am using my half for the house, I then do not have to go to inheritance which I can save for help with mortgage otherwise I will have to move from family home.
Thanks again for advice it is much appreciated

[Diana M]

Re: Claim

I do feel more confident now to say I am using my half for the house

I saw the issue as you having to 'sell the idea' of you keeping the money (which is rightfully yours until a court says otherwise).

Work needed on the house is one obvious reason, but also look at expenses for your (and his) daughter. Children can be expensive!

Once you've rationalized things for him then with any luck things will calm down even if you have to show him receipts for where the money has gone.

Di

[Openlaw15]

Re: Claim

Hi
Advice required again reagrds a PPI claim
my ex made a claim for PPI on a joint loan we had,he was not going to tell me but the claimsguys found they could only claim his half anyway i called direct and have secured my half now.My ex insists i give it to him as the loan came out of his money, he then suggested i keep a % back to pay for all the repairs in the house,he has since decided that he wants all the money or if not i use it to pay the mortgage for a year as he normally pays this with the agreement we had he paid the mortgage i have not maintenance and i dont touch his pension. So i need advice to if i have to give him any as its in my name and he had his half,I am happy to go back to the original offer but not sure if they can force me to give it all up if the checque is in my name and he had his and kept it all ? we were married 22 years and the loan taken out in 2009
Thanks in advance

Hello Sapper 62

I posted this response 7 July on the other thread: http://www.legalbeagles.info/forums/...632#post660632

"hello there, Snapper

"Sorry to hear about these problems.

You were married for 22 years but not yet divorced, is this correct. You however say you were separated, ie assume this is a separation at this point and not a divorce? Whose name is the property in? If the property is in both names it's better for you. If the property is in his name only, you have what are called beneficial ownership rights (still an owner technically). It seems you have a joint mortgage together. If the PPI loan was in both names normally it's shared equally; but if he paid more it's up to you how you want to do this. He could take you to court to recover the PPI but he'll have to pay his lawyer to represent him and court costs. Unless the PPI is worth many thousands he's unlikely to.

If you're not divorced, both you and he are entitled to half of what each other has. Even after the divorce the court can still make an order to make sure you're financially supported. He can threaten you with forcing you to pay the mortgage off by yourself/ pay him the PPI but both persons are responsible for the mortgage if it's in joint names the exception is if one stopped paying the bank could come after either of you, technically. You may be entitled to legal aid to cover family court fees if he forces you to court etc. What am saying is you have rights. You have to look after your family so you need money to do that, so just don't give him all the PPI, just give him his 50%, this may be fair. Don't accept paying the mortgage off by yourself despite his threats as you could fall behind with the payments and lose the house."

[Openlaw15]

Re: Claim

Hi
Advice required again reagrds a PPI claim
my ex made a claim for PPI on a joint loan we had,he was not going to tell me but the claimsguys found they could only claim his half anyway i called direct and have secured my half now.My ex insists i give it to him as the loan came out of his money, he then suggested i keep a % back to pay for all the repairs in the house,he has since decided that he wants all the money or if not i use it to pay the mortgage for a year as he normally pays this with the agreement we had he paid the mortgage i have not maintenance and i dont touch his pension. So i need advice to if i have to give him any as its in my name and he had his half,I am happy to go back to the original offer but not sure if they can force me to give it all up if the checque is in my name and he had his and kept it all ? we were married 22 years and the loan taken out in 2009
Thanks in advance

You state the following at 11 July 2016 to my statement/ questions on said thread:

"Hi I have received the half of the PPI claim and it is in my name, my ex received the same amount, however he is insisting I give him it as whilst we were married he paid the PPI but I paid other things. Can he force me to give him this or as its the other half I can keep this ?
He make so many threats to me I feel I have to give it up but do need this money for the house repairs
citizen advice had no idea did think that as its the other half then it's mine and he cannot claim it
thanks in advance"

I do apologise I have only just saw your response as you never quoted what I said.

No he cannot force you to do anything. He will need a court order to do that, which he won't get. If the lousy specimen dragged you to court the judge would see for their self, that you have to take care of you family and maintain the home. He hasn't got a leg to stand on. Moreover, if he keeps threatening you, call the police as it's probably a criminal offence of harassment.

[MIKE770]

Re: Claim

I wish I would be rich now, if that situation was allowed!

- - - Updated - - -

I wish I would be rich now, if that situation was allowed!

Hope he call the Police rude names! lol what a plonker!

[PablaSolicitors]

Re: Payment

Hi Sapper, did you get this issue sorted? We might be able to help you

[Sapper 62]

Re: Payment

Hi
sorry for late reply, yes I sorted it with me keeping most of the money giving my ex some so he could keep up the mortgage payments as he said he would stop the payments on the mortgage knowing I haven't the money to pay it myself !
But thanks anyway now it's advice regards pension against house !! And his constant threats

[Openlaw15]

Re: Payment

Hi
thanks for advice, yes we are not divorced just seperated and the agreement he was putt g in place .. He paid the mortgage till our daughter turned 18 then I either take over if I can afford or sell but I take equity and do not touch his pension ( very good one ) he has another house in France but tries to say it's his girlfriends !! Anyway he has had his half of the PPI and never told me, yes he may have paid the loan but it was while we were together and I paid other things, I don't want him to struggle with the mortgage however the house requires such a lot of money spending so I wanted to offer a %, the PPI cheque for my half is in my name but he makes awful threats about taking the roof from me and our daughters head among other threats I felt I should give him it as he again tells me it's theft ? I have told him I will sit and talk to him but just wanted to make sure if I decided to keep some of the money and gave him the rest to help pay the mortgage I was within my rights to do so been as he has had his half

Am sorry I never got back to you, but you never 'reply with quote' to what I said so I didn't know you posted since.

[Sapper 62]

Re: Payment

Oh no that's ok I am not familiar with how the site works and I have been away but thanks .

[nemesis45]

Re: Payment

There's more than one thread of yours Sapper all on the subject going back to June 16.

I'm going for the thread to be merged otherwise we will be going over " old ground".
[MENTION=49370]Kati[/MENTION] could you please merge Sappers threads.

nemxx

[Anthony72]

Re: Payment

Am sorry I never got back to you, but you never 'reply with quote' to what I said so I didn't know you posted since.

Even I, as a relative newbe have worked out that you do not need to reply with a quite, if I have posted on a thread or subscribed to it , I get an email alert when a reply is posted . If I am 'mentioned' as in [MENTION=77627]Openlaw15[/MENTION] then the person mentioned also gets an alert.

[nemesis45]

Re: Payment

Am sorry I never got back to you, but you never 'reply with quote' to what I said so I didn't know you posted since.

Do you not have e-mail alerts switched on?

nem

[Sapper 62]

Re: Payment

Yes I do but I just made the mistake of not understanding fully how it worked and was maybe just too distressed with it all but all sorted now thanks