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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Financial advice debts and divorce

5 replies

user1486131602 · 23/06/2020 17:35

Hi there
Getting a divorce, getting really nasty!
I have several debts in my name that are DJs, but have been written off and closed by companies. They are not on my credit file, but are on the land registry file?!

One of the companies pushed the ca to a charging order against the house, but now have closed the debt?
Would anyone please be able to explain if a debt like this is still payable? I’m so confused!

OP posts:
CayrolBaaaskin · 23/06/2020 17:42

Do you mean DHs debts (rather than DJ)? If they have a charge on your house they will collect payment when the house is sold as you have failed to pay. Why do you think they have written them off - it doesn’t sound like they have.

user1486131602 · 28/06/2020 01:53

Sorry that should have said C C Js

I have in writing that they have written some off. And yet they remain on the land registry?

I have been advised that if they have not chased a debt on a charging or for yrs or more that they become unenforceable, I’m sure that can’t be right?!

Just looking for Some advice, pls?!

OP posts:
Squeakyjoint · 28/06/2020 07:10

No! You have built up debts, they will need to be paid. If you are divorcing and the debts have built up during the marriage that is divided as will his debt if he has any. If you have built up debts with lout DH knowing and they are out of control (CCJs) that will effect DH as well as you! Good by credit rating or getting any kind of loan of mortgage. It seems you have been massively financially irresponsible. Why were the debts not maintained? You need to see a proper financial advisor really and quickly. Did your DH know about the debts?

Lozzerbmc · 28/06/2020 08:10

CCJs get wiped out after 6 years as i know as i had a tenant who owed me rent and never paid. But a charge on your house would be removed with land registry if it was no longer required i would have thought. Look at Citizens advice or martin lewis mse website hopefully that might provide some advice.

DollyPomPoms · 28/06/2020 08:33

You or your solicitor contact the companies who have registered the charges. They will confirm what they require in order for them to removed. It could be full payment of your outstanding debt, a ‘removal fee’ (I have known this to be as little as £5 and the most I have seen £495) or they will just remove it.

Companies put these charges on your home and stop chasing you for the debt because they know you will have to contact them in order to sell your home and then they can receive the money.

You cannot sell your home without the charges being removed.

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