greenspun.com : LUSENET : Repossession : One Thread

My wife is having problems with a shortfall claim from Woolwich/CISL. She left her previous husband in 1997, he then lived in the house for 18 months without paying a penny towards the mortgage - he even attended a court hearing a promised to make the payments. This was a joint mortgage, and there is/was no way to have her name removed from it. Needless to say the house was repossessed towards the end of 1998.

We have followed the advice on this page, and seem to have come to a dead end. CISL want us to return Income and Expenditure forms (don't hold your breath!) and claim that she is still responsible for the debt.

We've sent copies of letters that were exchanged between various solicitors (talk about getting blood out of a stone) which state that her ex-husband wanted her name removed and would make payments. None of this seems to carry any weight with these people though.

He has been "hiding" for the last few years, moving around and living with friends or his daughter. There are other issues involved here as well that are probably not relevant to this (ie non payment of tax plus other debts run up), but basically we would like the Woolwich to go away and bother him.

I know this information is not complete, but what are the chances of success if we go to court (which we are currently pushing for). My wife is close to breaking point over this, which is what these people want, and we desperately need some positive encouragement.

We did talk to a solicitor, their response was to fill in the Income & expenditure forms - which makes you think that they all work together against poor unfortunates like my wife!



-- Stephen (leon@besson.fsbusiness.co.uk), April 08, 2003



You don't say if your wife has SARN'd everyone concerned, admitted liability, had a MIG or felt the house was undersold, but from what you say you just want this out of the way.

A lot depends on whether your wife has any assets or is in employment. If for example she is not working and is not party to any mortgage with you she really is not worth chasing. In this case she could consider making a Full and Final offer (without filling in I&E forms or admitting liablity) or consider being made bankrupt. Bankruptcy is not as bad is it might seem especially with the new Bankruptcy laws which I think come in to force next year (you can then be discharged in about 3/6 months).

She could consider telling the Woolwich where her ex is and this might take the heat off her but this may well be temporary and really she would have to consider if it is worth the hassle.

I don't know if this info has been any help, but I'm sure some of the "veterans" on the site will also give you some help!

Good luck and anything you're not sure of...just ask here.

Keep us all posted.


-- hanging in there! (Anderston828@aol.com), April 08, 2003.

We have sarn'd them all, even the solicitor's used which took some finding. We have not admitted any liability, that goes against all recommendations on this site.

Have told everyone concerned where he is living - with his daughter in Llandudno if CIS are reading this! Don't know if they have been in touch, they can't tell us and he will most likely ignore the letters anyway.

His name is the first on the mortgage, and because of this he benefited from the shares when the woolwich became a bank. So if they went to him, why are they not chasing him for this as well.

Unfortunately, I cannot express the contempt I feel about the people chasing this debt or my wife's ex husband.

-- Stephen (leon@besson.fsbusiness.co.uk), April 08, 2003.

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