My husband went to court today agianst the Halifax and lost. The judge has advised him to declare himself insolvent ( Ipressume he means bankrupt ).

I need to know if they can take my house (this is in my name only).

The case with the Halifax was aginst my husband and (if they are persussing her, his ex wife) I had nothing to do with the property that was repossesed CNA I BE HELD ACCOUNTABLE.

I own a car and everything that is in the house that I own is mine, we don't have any joint accounts, everything is in seperate names.

I never thought it would come to this, we have made offer after offer and they have all been rejected by the Halifax, I am at my wits end. Please someone help.

Thankyou

Christine.

PS This has gone on for 3 years now and I have done everything I could possibly do with the help of this website.

-- Christine Singleton (Middleforth1@aol.com), March 06, 2003

Answers

Sorry to hear that it went against you.

No, they cannot take your house. If you have joint accounts then there they could make a claim that your finances were intertwined but if you have not even got joint accounts then your house and possessions are safe.

Lee

-- Lee (repossession@home-repo.org), March 06, 2003.

I'm really sorry to hear that.

Seeing as the judge advised him to go bankrupt perhaps he could offer the fee of £370 as a full & final on a take it or leave it basis.

Your posessions and wages will not be affected if he does declare bankrupt.

Did the judge order a monthly payment? If he did and your hubby defaults on it then the Halifax could go for a wages attachment.

If you want any info on bankruptcy there is a lively forum at www.debthelpuk.co.uk or email me.

Sue

-- Sue (bradfordandbingley_suck@yahoo.co.uk), March 06, 2003.

Sorry to hear of your Court outcome. However, the judge may have outlined some of the options available to your husband regarding the judgement, but he would never have ADVISED him to do any. As to any claim against you or your sole assets, you have nothing to worry about

Keep you chin up.

-- Keith (Ktr@aol.com), March 06, 2003.

Christine,

I am very sorry to hear this too, the only other thing I can add is for you to enquire whether the new legislation coming in re insolvency next year in the Enterprise Bill may help. I would first though, as already suggested by Sue offer the lender 370 pounds as a f&f if, of course, this is realistic. You might also like to contact Simon Wiggins on www.debtquestions.co.uk, he answers a lot of questions on insolvency. I wish you much better luck for the future, I think we could all do with some of that.

Mark.

-- M Amos (idgroms@hotmail.com), March 06, 2003.

The new insolvency laws come into force next April and any bankruptcy started now will end in April 05. I think the IPO length remains the same.

Are there any grounds he could use to appeal the decision?

Sue

-- Sue (bradfordandbingley_suck@yahoo.co.uk), March 06, 2003.

Christine

No advice really, just to say that I feel for you. You're in the position that we all dread reaching. The Halifax really seem to be pushing hard to get cases to court as I remember another recent case where the judge ruled in their favour with an attachment of earnings.

The only good thing is that it seems they can't touch your home etc.

Hopefully the new legistlation re bankruptcy will help you.

I wish you well.

M

-- hanging in there! (Anderston828@aol.com), March 07, 2003.

I am so very sorry to read this. Keep your assets completely separate and make sure that you can demonstrate that your husband has no beneficial interest in anything you own. If you have an insurance policy that leaves him your house in the event of your death I would respectfully suggest you see a lawyer about changing the beneficiary asap. My thoughts are with you.

-- Too scared to say (iwasduped@yahoo.com), March 08, 2003.

Hi Christine,

I am so sorry to hear that this has happened. It is so depressing when you think you are getting somewhere and then they take you to Court.

I am glad to hear that the house is in your name so they can't get their greedy little hands on it.

Can I ask out of interest how close was your husband to the 12 year time limit? We are in a similar position to yourselves, although no threat of court action yet we do hold our breath.

-- Chris (chris@anon.co.uk), March 10, 2003.