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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To refuse to cover ex's debt?

41 replies

Leasi · 26/09/2024 19:53

My STBXH has accrued £2,000 in service charge debt as he hasn’t paid since January. He didn’t inform me that he had stopped making payments until I received a letter from the debt collectors 2 weeks ago (the land management company has handed the case over to debt collectors). He’s demanding that I give him £1,000 now to cover this or claims my water supply and other utilities could be cut off - although not sure how as all bills are on my name?

Currently, I’m already paying 50% of the mortgage and service charge, plus 100% of all household bills. I’m also solely responsible for 100% of the childcare and all financial costs for our DC who's 5 as he has chosen not to be involved.

My job is currently unstable due to uncertainties in the sector. He knows I have £5,000 in savings, but this is meant to cover me and DC if my income stops entirely until I can find other work.

There's also no guarantee he'd use the £1k to pay for the debt.

It feels incredibly unfair that he voluntarily quit his job, moved to another country, and is likely working cash in hand. He managed to go on 4 holidays this year, with one lasting over 4 weeks. To make it worse, he’s been boasting about it, sending pictures and videos to our child (the only time he contacts DC), and frequently changing his WhatsApp profile photo to show off.

OP posts:
HFJ · 26/09/2024 20:26

Who owns the house? I assume the service charge is because the property is a leasehold flat. If both your names are linked to the property then you are jointly and severably liable. This means if he doesn’t pay, you are liable for the whole debt.

If the correspondence came to you, then you are most certainly liable. Deal directly with the people who are chasing you. Do not send money to your ex.

My worry, based on your info above, is about the roof over your and your child’s head. Are you sure your ex is paying his half of the mortgage?

Leasi · 26/09/2024 21:05

HFJ · 26/09/2024 20:26

Who owns the house? I assume the service charge is because the property is a leasehold flat. If both your names are linked to the property then you are jointly and severably liable. This means if he doesn’t pay, you are liable for the whole debt.

If the correspondence came to you, then you are most certainly liable. Deal directly with the people who are chasing you. Do not send money to your ex.

My worry, based on your info above, is about the roof over your and your child’s head. Are you sure your ex is paying his half of the mortgage?

The mortgage, property deeds and property management account are all solely on his name. The account cannot be transferred to me unless the property is sold to me - this what the representative said when I called the company earlier.
I think

OP posts:
Spirallingdownwards · 26/09/2024 21:35

are you buying him out of the property or is it being sold and then proceeds split? If so get on and sell. The service charge will need to be up to date when selling and it could be that they management company will wait and agree to be paid from the proceeds of sale if you show it is on the market.

Naunet · 26/09/2024 21:36

God, what a prick he is, abandoning his kids like that. Shameful behaviour. Are you in the middle of a divorce? Are you likely to get part of this property in the divorce?

Gymnopedie · 26/09/2024 21:48

OP you say:

My STBXH has accrued £2,000 in service charge debt as he hasn’t paid since January.

But then you say:

Currently, I’m already paying 50% of the mortgage and service charge

Does that mean you've been giving him the money for the charge but he's been keeping it?

Leasi · 26/09/2024 22:44

Spirallingdownwards · 26/09/2024 21:35

are you buying him out of the property or is it being sold and then proceeds split? If so get on and sell. The service charge will need to be up to date when selling and it could be that they management company will wait and agree to be paid from the proceeds of sale if you show it is on the market.

We're going to court to decide on the split of finances as we can't seem to agree.
The property won't be sold anytime soon though.

OP posts:
Leasi · 26/09/2024 22:46

Naunet · 26/09/2024 21:36

God, what a prick he is, abandoning his kids like that. Shameful behaviour. Are you in the middle of a divorce? Are you likely to get part of this property in the divorce?

He is horrible and a nightmare to deal with.
We are currently just waiting for a court hearing regarding finances.
I would be getting a share, although no sure on the %.

OP posts:
Leasi · 26/09/2024 22:51

Gymnopedie · 26/09/2024 21:48

OP you say:

My STBXH has accrued £2,000 in service charge debt as he hasn’t paid since January.

But then you say:

Currently, I’m already paying 50% of the mortgage and service charge

Does that mean you've been giving him the money for the charge but he's been keeping it?

I transfer the money directly into his bank account since the mortgage and service charges are in his name. However, I have no control over how he uses the money. I also message him each month to confirm receipt of the payment, and he always acknowledges that he has received it.

OP posts:
MrsMoastyToasty · 26/09/2024 23:03

If he doesn't pay a debt in his sole name then it is him that the creditor will pursue for repayment, and his credit score is the one that will be fucked when at some point in the future he wants to buy something on credit or obtain a loan. They are writing to him at your address because its the only one that the creditors have on record. Send it back to them "not known at this address, please try (his new address)".

Spirallingdownwards · 27/09/2024 19:59

Leasi · 26/09/2024 22:51

I transfer the money directly into his bank account since the mortgage and service charges are in his name. However, I have no control over how he uses the money. I also message him each month to confirm receipt of the payment, and he always acknowledges that he has received it.

Speak to the management Co and arrange to pay them directly. Do not put any more money in his account.

ByPeachBiscuit · 01/10/2024 08:50

Why can’t you just move if everything is in his name?

Motomum23 · 01/10/2024 09:01

Op move out of the property and stop funding his mortgage.

Moellen54 · 01/10/2024 11:36

Don't pay him the money. Contact the mortgage company and arrange to pay direct to them, but dont be surprised if it is in arrears. Do the same with the service charge. Now you know how he affords the holidays. Dont FGS pay him anything. And if the debts in his name you are not liable and if he tries court you have proof you were paying him

Leasi · 01/10/2024 15:02

ByPeachBiscuit · 01/10/2024 08:50

Why can’t you just move if everything is in his name?

I wish I were in a financial position to move, but unfortunately, I can't afford rent, and he wouldn't agree to pay for child maintenance nor help to care for DC. I'm trying to figure out how I can free myself from this situation.
I feel really stuck with no way out.

OP posts:
Leasi · 01/10/2024 15:06

Moellen54 · 01/10/2024 11:36

Don't pay him the money. Contact the mortgage company and arrange to pay direct to them, but dont be surprised if it is in arrears. Do the same with the service charge. Now you know how he affords the holidays. Dont FGS pay him anything. And if the debts in his name you are not liable and if he tries court you have proof you were paying him

I’ve tried to speak with the mortgage company, but since he’s the account holder, they wouldn’t communicate with me, let alone accept 50% of the payment. I also reached out to the property management company, but they too refused to engage in any discussion about the account, other than allowing me to log a repair.

OP posts:
Soberfutures · 01/10/2024 15:09

Stop paying the 50% and u will have more money for rent. U can then claim universal credit and housing element. Speak to shelter and explain you are becoming homeless. Are you married?

StormingNorman · 01/10/2024 15:13

It is legally his debt and his credit score that will suffer. But it is your door the debt collectors will knock on and your possessions they’ll remove.

Tell the ex that from now on you’ll be making payments towards the arrears instead of giving him your 50% of the service charge because he obviously hasn’t been using it for the intended purpose.

The debt collection agency will most likely be happy with regular monthly payments and stop any further action (which will also incur additional costs).

Itsmahoneybaloney · 01/10/2024 15:14

Leasi · 01/10/2024 15:06

I’ve tried to speak with the mortgage company, but since he’s the account holder, they wouldn’t communicate with me, let alone accept 50% of the payment. I also reached out to the property management company, but they too refused to engage in any discussion about the account, other than allowing me to log a repair.

Who is the mortgage with? Have you got a statement with the ref/account number of the mortgage? You can just pay money into it directly with those details BUT I wouldn't. I'd say to him since you've been paying him 50% of the service charge and he clearly hasn't been paying it towards that then he also can't be trusted to pay the mortgage. So start saving your 50% of the mortgage and stop paying it to him and then wait and see what happens - if he wants the 50% he can arrange with the mortgage company that you'll be paying your 50% directly into the mortgage via standing order.

Leasi · 01/10/2024 15:18

Motomum23 · 01/10/2024 09:01

Op move out of the property and stop funding his mortgage.

My current job as a university lecturer is extremely unstable with recent events, and I’ve been searching for other positions with a salary that would cover rent, bills, and other expenses, but it hasn’t been easy.

OP posts:
Leasi · 01/10/2024 15:24

Itsmahoneybaloney · 01/10/2024 15:14

Who is the mortgage with? Have you got a statement with the ref/account number of the mortgage? You can just pay money into it directly with those details BUT I wouldn't. I'd say to him since you've been paying him 50% of the service charge and he clearly hasn't been paying it towards that then he also can't be trusted to pay the mortgage. So start saving your 50% of the mortgage and stop paying it to him and then wait and see what happens - if he wants the 50% he can arrange with the mortgage company that you'll be paying your 50% directly into the mortgage via standing order.

Edited

Thank you for the advice, it’s really helpful.
He messaged me yesterday, threatening to put the property in a repossession plan with the bank if I don't cover his debt.

OP posts:
Itsmahoneybaloney · 01/10/2024 15:25

Leasi · 01/10/2024 15:24

Thank you for the advice, it’s really helpful.
He messaged me yesterday, threatening to put the property in a repossession plan with the bank if I don't cover his debt.

Who is the mortgage with? I am an ex mortgage broker and I'm still in the industry. I can give you specific advice on who to contact.

Leasi · 01/10/2024 15:28

StormingNorman · 01/10/2024 15:13

It is legally his debt and his credit score that will suffer. But it is your door the debt collectors will knock on and your possessions they’ll remove.

Tell the ex that from now on you’ll be making payments towards the arrears instead of giving him your 50% of the service charge because he obviously hasn’t been using it for the intended purpose.

The debt collection agency will most likely be happy with regular monthly payments and stop any further action (which will also incur additional costs).

Exactly! He claims that the debt collectors have only agreed to a monthly payment plan of £500, with a deadline of December to clear the entire debt. In his words, it's "this or nothing," which I find very hard to believe. £500 per month to cover the debt seems quite excessive.

OP posts:
Leasi · 01/10/2024 15:29

Itsmahoneybaloney · 01/10/2024 15:25

Who is the mortgage with? I am an ex mortgage broker and I'm still in the industry. I can give you specific advice on who to contact.

It's Accord Mortgages.

OP posts:
Itsmahoneybaloney · 01/10/2024 15:29

Leasi · 01/10/2024 15:28

Exactly! He claims that the debt collectors have only agreed to a monthly payment plan of £500, with a deadline of December to clear the entire debt. In his words, it's "this or nothing," which I find very hard to believe. £500 per month to cover the debt seems quite excessive.

This part might actually be true as they usually run the service charges year on year so they need the whole lot settled before a new year starts. But either way I wouldn't trust him or send him anymore money.

Chocolatebuttonsandprosseco · 01/10/2024 15:31

I’d not give him any more money, worst case he transfers his share to you and you pay it.

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