I've got a few questions that I'm hoping someone may be able to answer. This is a long one, so I hope you are sitting comfortably! This is the situation...

Mid 1993: handed keys to building society (Nationwide) after not being able to meet mortgage payments anymore. A man from the building society paid us a visit to assess the situation and as we couldnt afford to make any repayments or a lump sum, he said they would be in touch regarding this debt in due course. The flat cost us #40k, and the building society sold it for #13k (we bought in the boom, and it was sold at the time the prices went down, so I couldn't say for definate that they undersold it).

1995: I got divorced from my husband

Early 2000 : Solicitors finally found me. I am now living with my boyfriend and our 3 kids. They sent me an expenditure form which I filled in with MY details only, not boyfriends. 6 months later, yet another expenditure form, which I filled in exactly the same. They seem to accept that I am unable to pay anything at the moment, but they will be back.

I am now at the stage where I want to get my life back in order financially, and am starting university. I have got a student loan, a bank account and a credit card.

Now on to the questions:

1. On the expenditure forms the solicitors send me, it asks if I have a bank account, and what the details are. Previously, I didn't have one, so I left it blank. Now things are different though. Do I have to legally tell them about my account, give them the account number, and the balance? And if I do, do they have the power to look in my account?

2. My boyfriend and I are marrying next year. Will this have any effect on the debt owed to the building society? I.E. Can they then take his earnings into account? We do not have a joint bank account, and everything (house, car) is in his name only. I am worried they will be able to chase him for the money,and if this is the case, then we simply will not get married :o(

This is such a horrible situation, and I feel like I am going to be hounded for the rest of my life. At least after I leave university, I will hopefully get a good job, and maybe can sort this out myself. But that is in the future.

Any advice gratefully received, and thankyou for reading such a long message!

Jo

-- Jo Goodman (jo@sunflowerdesign.co.uk), October 02, 2000

Answers

Jo, I know it's like shutting the stable door after the horse has bolted but you really didn't have to fill in the expenditure forms in the first place. The BS HAVE NO LEGAL RIGHT TO YOUR TO YOUR FINANCIAL DETAILS. Please try to read all the references on this site to expenditure forms also read the article on Human Rights. They cannot expect you to tell them anything about your financial status without a court order. As for selling your property for 13k I don't think even the slump can account for such a loss. I suggest you ask for all the details of marketing and sale. There is a whole lot of useful advice on these pages, do try and read it, you will find you are not unique in this and there are plenty of people willing to help. Good Luck, Jacky.

-- jacky jones (jackycolin.jones@virgin.com), October 03, 2000.

I agree with the advice above. Don't give them any more information until they have justified to you the low sale price (they may well have failed to market the property propely) and substantiated all the details of the claim. Carol Riley would also say, without a Money Judgement they don't actually have a claim on you. I would add, ask them to justify the unreasonable delay in contacting you. One further point - looking at the Human Rights Act (see previous answer), it occurs to me that you were, in effect, forced to incriminate yourself by being coerced into filling out an I&E form (banks like to pretend that you are required to fill these out, whereas of course you're not, and completing even part of the form has the effect of damaging your legal position by getting you to 'admit' the 'debt'; but the lender of course doesn't warn you about this.) These forms are also an invasion of privacy. This means that any subsequent use of them against you in a court hearing could be deemed to be unfair, and in breach of your Human Rights. (Articles 6 & 8.) These are just my thoughts, and in no way constitute any kind of formal advice, but I hope it helps to know that it is the lender, not you, who must prove their case - and that they are required to do this under the terms of the Civil Procedure Rules. Good luck, E.

-- Eleanor Scott (eleanor.scott@btinternet.com), October 03, 2000.

I was in a similar situation to you, i moved in with my now husbadn and i got letters from the building society, they could not touch anything as everything was in my husbands name, mortgage bills etc, they hounded me for months for details of bills etc, but my husband refused to furnish them with the details as a result i have not heard anymore from them and this was over 5 years ago. I wish you luck

-- sarahMaculay (#Sarah@lineone.net), October 05, 2000.