Hello all - Equity Split and Reposession / Charging order

[Apollo1966]

Hi new to this site and trying to navigate my way around..... I will post me question here and then look for the correct forum and see what happens....
Thank you for the information on charging orders. I read and digested and also viewed the bdl site. I went to court and armed with the following information.

1. A court case was already in progress to establish a percentage my ex partner is due, if any.
2. If the exes share is less than the amount of her sole debt the judge is less likely to grant final order.
Both of these points were given legally in writing in due time. The Judge granted the order. He also stated, that if in the case pending the exes percentage of property is deemed to be less than the order. Then only her percentage will be allocated against the order and the rest will be thrown back to the party that requested the order.
Is this correct ?

[Johnboy007]

Re: Hello all

Hi Apollo, welcome to LB.
One of my more knowlegable colleagues will come along shortly, and hopefully give you the answers you seek.

[Apollo1966]

Re: Hello all

Thank you Johnboy 007

Much appreciated

Karl

[Apollo1966]

Re: Hello all re Charging Order

Johnboy007 is this site regular monitored as no one came back along and advised.

[Kati]

Re: Hello all

Hi Apollo1966 :tinysmile_grin_t:

Sorry no-one's been on to help you out, I'll see if I can get someone knowledgeable to you ASAP.

Kati

[Amethyst]

Re: Hello all

Hi Apollo

Apologies for missing your thread yesterday.

So you have been to court regarding a charging order application against a property owned jointly between you and your ex.
You have other proceedings on going with regards to split of assets (the property) and what % of the property belongs to you ex?
The charging order was granted, over just your ex's interest in the property (so its a restriction) and if it turns out your ex is entitled to less value of the property than the debt value you wonder what happens? (the Judge indicated it would be thrown back to the claimant?)

Is that right?

Is the property being sold?

[Apollo1966]

Re: Hello all

Kati all is fine by me if your knowledgeable in this.

[Apollo1966]

Re: Hello all

Amethyst, Thanks for ?'s

Yes been to court and put against her share.

We have ongoing court case to be heard 9th Sept relating to her share if any. Then on same day one with the bank for repossession.

I already have a buyer set to buy and can sell house in 28 days from court case. If its repossessed the bank will just sell as cheap as they can to recoup their money

[Amethyst]

Re: Hello all

Okay, not much to do then is there enough equity in the property to cover the debt out of your ex's percentage of the property value?

[Kati]

Re: Hello all

Kati all is fine by me if your knowledgeable in this.

unfortunately this is not my area of expertise x

[Apollo1966]

Re: Hello all

Yes but this is where it gets complicated. I paid all the deposit. She has never paid a penny. Walked out after 18 months never paid any towards house and now 22 years down the line both her and mortgage company are trying to take house.

Mortgage company only started legal proceedings when I contacted FOS. As they knew once courts involved FOS would have to stop investigating.

[Apollo1966]

Re: Hello all

No worries kati. Thanks anyway. I/m in convo with Amethyst. Maybe she can help. I have read the previous postings they made.

[Kati]

Re: Hello all

22 years??? And now she wants the house?? B****r that LOL :tinysmile_twink_t2: (sorry, that's just not on!!)

[Amethyst]

Re: Hello all

What was/is the ownership of the property ?

Is the mortgage company repossession due to non payment of the mortgage? Where are you up to in those proceedings ?

Presumably if joint ownership she'll have been notified when you fell into arrears and its pushed her into saying she half owns the house etc ?

Does anyone else live with you in the property?

What is the charging order for ?

Think you're going to have to start from the beginning and give us as much info as possible so we can try and help you sort the mess out.

[Apollo1966]

Re: Hello all

Kati Nice and agree with your comment....:tinysmile_grin_t:

Amethyst......O.K here goes...will start from the beginning..
We had been seeing each other for 6 years decided to move from renting to buying a house on 19th August 1992. The purchase all went through. Xmas/new year 93 she became pregnant, baby son born Sept 93. Jan/Feb 94 she walked out and got a council property as single mum.
I kept taking her to court for custody or at least contact with my son. was awarded every weekend and alternative xmas / new year from the final hearing date. She walked away and we never really spoke. According to the mortgage company they could not find her and would not remove her from the mortgage. Tried to get them to repossess when Black Wednesday occurred in 1997. that way I would be FREE from her.

Reason I gave B/Soc the option was. I had found out when she left that she had not paid the Endowment portion of our mortgage from DAY ONE. So instead of catching that up I just kept paying the INTEREST,BUILDING INSURANCE and the PPI. In 1997 banks wanted proof the endowments were performing as predicted.

I was honest.....told them it had never been paid.....so they had an option either, repossess or convert to repayment and I will pay a 25 year mortgage in 20 years. Well they converted on my say so. They did not have a clue were she was.

Since 1997 to August 2012 every time they tried to repossess ( Twice ) I was the only one they contacted and they wrote to her at this address, so could not get hold of her. In 2006 I started to claim miss-selling of PPI. Only to be told that it was not miss-sold. They could not go back as legally they only had to keep records for SIX YEARS.

After plenty of research I informed them that that rule they keep quoting and every other reason they kept saying was wrong the six year rule only applies to CLOSED Accounts. In August 2013 a new investigation was started on the miss-selling of PPI.

Lo and behold they found that the Ex's premiums should never have been included and my premiums should have stopped in 2009. In December 2013 they sent out a refund schedule. I never got my copy of this letter and made contact with B/Soc in January 2014 when they sent me a copy and told me they were surprised that I had not got mine as the ex had sent hers back signed. She had made herself known to B/Soc in August 2013.

The proposal was Net figures + 8% compensation less tax...... they would pay off the arrears then split the balancing figure 50/50 between me and ex. I disagreed on two counts. 1.) The Net figures did not add up correctly and 2.) I had paid all premiums on a policy they chose to split 50/50 and apportion it at their end. My yearly statements only included ONE figure for PPI. therefore when they agree to the Net amounts and agreed to pay all amounts back against the mortgage then I would sign. The didn't agree to either. One because they think they can add up and two, for the complete repayment to be put against the mortgage the ex would have to agree.
WHICH SHE DID NOT......LOL. So I contacted the FOS. When B/soc were notified by FOS they tried to fob them off with the 6yr Rule. FOS were having none of it........ so B/Soc started legal proceedings for repossession. Now they have her address (since August 2013) she is made aware and starts legal proceedings for her percentage. What she thinks she is owed 50%

We all go to court Ex V Me and B/soc V Me and Ex.
Case 1. Ex v Me. We are told to go away and write "Witness Statements". Her to me, then I had right of reply to her. Set dates were given which she didn't comply with but I did and served with the courts. So they know that she did not get hers done on time.

Case 2. B/Soc v Me & Ex. She notifies court she is not in a position to make funds available to B/Soc so excludes herself from witness statements. Again we are given dates to serve Witness Statements. Me by a deadline.....B/Soc to reply and put their case afterwards. The day I am writing my "Witness Statement" within times given.........B/Soc's "Witness Statement" drops through my letterbox... They also didn't comply with judges orders.......but their the "one's on your side":doggieyes:

The dates for both of these cases to be heard in finality is 9th September 2014. So that is when the ex finds out what % she is eligible for if any. Then if I can persuade judge not to repossess....in favour of B/Soc then I can sell house to cash buyer in 28 days. Already got buyer waiting......

Now in July 2014 I get notification that ex has an interim charging order and the final order hearing date is 26th August 2014 and if I have any objections I have to serve to the Local Council and the Courts no later than 7 days before Hearing date. Which I did on three counts.....1. I paid 100% of deposit for the house and 100% of all repayments since day of purchase.....2. There is already a hearing set for 9th September 2014 regarding Ex's Percentage if any is apportion-able to her and 3. I would find it unethical for one judge to set a judgement of about 15-20% of Net realisable Assets without hearing all the facts and a judge is already hearing that case.

Anyway that is when he said to me that......if her percentage is decided that it is less than what is being claimed as it's her debt solely then only what she is awarded percentage wise will be paid off her debt to the council and then she will have to make arrangements with them to clear the rest but it will not come out of sale of the house. the longer I hold the house her debt is increasing by £13 a day as they also requested interest.

No one else lives in the property. There is only me, two dogs and a cat.....plus 22 years of memories and three dogs buried in the garden.

I believe the charging order is for rent arrears on her council property and the judge asked council representative if he had come across a similar situation before as debt is just over £11,000.00. He said NO.

Amethyst......... THAT is it from the start and all the bits in-between.......Oh one other snipit of information......I have lived in the house for at least 18 of the now 22 years without Central Heating, Hot Water or Double Glazing.... so its been hard to say the least.

Happy reading and all assistance will be greatly appreciated.

Apollo1966