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Legal matters

Ex partner trying to financially ruin us

7 replies

PalominoStar · 11/07/2015 12:55

Really would appreciate some advice! My partner broke up with his girlfriend almost a decade ago. They owned a house together and they agreed he would change the deeds so it would just be in her name, despite him contributing a lot to deposit, mortgage etc while they were together - he just wanted to cut ties and she was getting a v good deal.
Later, she backtracked and changed her mind, accusing him of ulterior motives etc. She wouldn't let him take his name off the mortgage (need her signature for this too), and we gave up and moved on with our lives (mistake)!
Flash forward to almost a decade later - we find out she hasn't been paying something (we know it's at least a bill, possibly the mortgage) and now people are trying to track my partner down. We saw CItizens Advice Beaureu a couple years ago, who told us because we now live in another country in the UK they would need to get through 2 courts to get to us, the creditors/bank would more likely go after her than us. This is clearly not the case anymore, as I've had letters from debt collection asking him for his whereabouts and so have his parents. I feel like it's only a matter of time now before 'they' find him, and it's v stressful!

All we ever wanted was to get her out of our lives. We tried to do a nice thing and give her the house (she could afford the mortgage repayments by herself!) but she deluded herself into thinking we had some ulterior motive. Now my partner is in serious legal trouble, and I don't know what to do! He wants to play the waiting game - CAB told us not to do anything unless he gets a letter addressed to him personally. I want to see a solicitor but am concerned about costs - is getting this mess sorted out a simple matter or will it be v expensive?! Thanks for any advice! I have no understanding of the legal system!!!

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Optimist1 · 11/07/2015 13:13

Nasty situation you've got there, Palomino, but we can't tell how nasty until you and your DP pull your heads out of the sand and get some hard facts! AFAIK (and I'm no expert), if the ex has defaulted on mortgage payments then the lender would force the property to be sold which would only affect her. But you mention debt collection agents, so perhaps there's something other than the mortgage? Credit card in joint names? Loan or HP agreement? I believe that if such an arrangement is in joint names then your DP is liable for whatever debts have arisen.

Your DP's credit rating may well be affected, too.

He needs to find out exactly what he's being pursued for and then take advice as to how to go from there.

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PalominoStar · 11/07/2015 13:34

Hi, thank you so much for your reply. Yes I did have a letter from the city council (city where the property is) asking for my partner's whereabouts. So I'm assuming it's council tax debt. I completely agree that this needs to get sorted, and my head is def out the sand now!

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gallicgirl · 11/07/2015 13:43

Council tax debt should be easy to sort out. Assuming he paid up to the point he left the property, he would have to advise council of date he left and where he moved to. Hopefully they'll be able to cease his liability from the correct date and the debt may well disappear. His biggest problem may be proving where he lived 10 years ago.
Credit searches will continue to show a financial link to the old address while his name is on the mortgage.

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SurlyCue · 11/07/2015 13:50

We saw CItizens Advice Beaureu a couple years ago, who told us because we now live in another country in the UK they would need to get through 2 courts to get to us, the creditors/bank would more likely go after her than us.

Wow! If i found out something like this i would have been straight on it to find out what the hell was going on and how my credit record would be affected! It strikes me as odd that your DP was only concerned about "them" not being able to get him. Do you think he has been honest with you about the whole thing? It doesnt sound like the actions of someone who has nothing to hide tbh. Whose idea was it to move abroad and why? Hes known about this for a few years at least and still hasnt gotten in touch with relevant people to clear his name and reduce and damage to his credit history. Why? Confused

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sleeponeday · 11/07/2015 16:13

They haven't moved abroad - the OP clearly states that they are in different countries within the UK. Scotland and England have completely different legal systems - laws, courts, judges, all are national only - so he may just have moved a few miles across the border. They've not internationally relocated.

It sounds as if he had poor advice, absolutely, but if he spoke to the CAB then he wasn't trying to evade it completely or he'd not have approached them.

Agree, OP, that you should seek advice now. Post on Money Saving Expert - there are some really, really clued up people there who spend their lives on this stuff, and will advise you for free.

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SurlyCue · 11/07/2015 16:18

Ahh sorry! I saw "another country" and must have stopped reading assuming abroad. Blush

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WinterOfOurDiscountTents15 · 12/07/2015 11:32

You need to stop blaming everything on his ex for a start, your dp caused this situation in the first place. He essentially just walked away from his mortgage and did nothing, even when he found out he was being pursued, he still did nothing. Its not her trying to ruin you, its his own responsibilities catching up with him. Its a bit much to be calling her deluded etc, the way you and him have behaved!

You need to find out the full situation and the extent of the problems and tackle it head on. He still owns the property with her, he's still liable for the mortgage and possibly a lot more.

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