Has anyone else been through this?
19 February 2018 at 9:25 pm #7867
Going through a tough time right now, and hoping that someone else may have experienced a similar problem (not that I would wish this on a foe!)? To cut along story short, I recently found out, that my ex partner had breached a court order to remove my name of the mortgage on the former marital home. Basically, the house is due to be repossessed tomorrow, (a) I did not want to breach the order myself (b) leave myself and child vulnerable to him claiming the property again (h/o domestic abuse), which is why I did not return to the property. I have no regrets on not moving back in but the mortgage lender is now threatening bailiffs and chasing me for recovery of debt. I am seeking further legal advice on the validity of the court order and what else can be done. Just really wondering if there if anyone knows of an organisation that can offer support out there for this kind of situation?
Alison x20 February 2018 at 11:42 am #7882
I haven’t been through this but if it’s a breach of court order he has to go back to court and remedy the situation. The court can intervene with the mortgage lender until resolved. A court order is legally binding and if you’re suffering because he didn’t follow the court order then it’s for the court to help. Try calling the PSU for free advice. https://www.thepsu.org/
But don’t muck around, you need to get this sorted yesterday, never mind today!
You can also call McKenzie’s Friends http://mckenzie-friend.org.uk/services.html which can provide free urgent help in extreme cases – which would only be in the case of children being in immediate danger. But bailiffs turning up and you all being made potentially ruined could be interpreted as endangering a child’s well being, and you won’t get much more time for warnings now until they action. They will seek their own court order, so you have to get yours in first to suspend any intended action from them.
I’m no legal expert but this is my understanding and you can always seek free help as mentioned above.
Good luck!20 February 2018 at 8:23 pm #7916
Thank you, so, so, much for taking the time to reply. I spoke to several people today on next steps, small progress but something, as opposed to floundering around with conflicting opinions.
Your advice was invaluable in providing me with the much needed oomph! to keep fighting on and not be beaten into submission!
With best wishes,
Alison20 February 2018 at 8:55 pm #7925
When we were children, we could submit, because we had our parents to help. When we are parents, the buck stops here, for good or ill. If you obey the court and look after your child, you will be fine. But get the court on your side quickly, because bailiffs take first and wait for court intervention later. Go back to the same court and explain the situation – a repeat fee may be waived.
You’re not alone – everyone on here is with you.21 February 2018 at 3:02 pm #7955
I have been told it will take £3-4 thousand pounds to get this back into the court. I don’t have that kind of money and I need an address to get the respondent back into court. I did try to see if I could get some help with family legal law costs, but apparently I do not meet the criteria, as the domestic abuse is not current!
Stuck! Thinking will we be better off going bankrupt – seems I’m running around in circles!
Alison21 February 2018 at 3:41 pm #7956
To get to court costs around £215. You don’t need a solicitor. To get a MIAM prior to getting to court costs around £100. Not sure where you got your figure from. You don’t need to have HIS contact details, you just need the court to stop the action against you. Surely the issue is the previous court action not being upheld, not a new debt court action. Who has advised you?21 February 2018 at 5:31 pm #7959
CAB and a solicitor ….
CAB saying I should be looking at debt management and not enforcing court order.
Solicitor saying, I need his whereabouts to go back to court to defend terms of court order under clean break agreement.
Sorry to sound like a moron: but where do I get the paperwork from to take action on the court order, is this downloadable? Also with the MIAM is there database where I can find this information?
I had no idea, I could take this into court either …. am I taking this action against the mortgage lender or the former partner?
Alison21 February 2018 at 5:57 pm #7960
We’re getting into PM territory.
A) you don’t need a solicitor – a solicitor will actually make this worse and cost you a lot of money.
B) a court has already decided one thing – he has not obeyed that order. Nothing to do with solicitors or anyone else but the court. Phone the court and ask the procedure. Speak to the advice lines I gave you.
C) The bailiffs will be getting their court order from those you owe money to (on paper). You don’t owe that money by court order. You need to make the court prove it. You must have the original paperwork showing what the court decreed? It’s actually nothing to do with you, but it will be if you don’t prove it and the bailiffs turn up. Even if they have the wrong or outdated paperwork, they will still punish you. Get your running shoes on and stop mucking around. This could be serious and it doesn’t need to be. An agreement was made. Prove it and endorse it and stop this happening. A solicitor is irrelevant to that, except they will charge you for doing the hours’ work you could do easily on your own. Solicitors don’t have magic powers and they don’t know better than you in this instance.
Contact me by all means, but you don’t need me or anyone else. You already have the court order. It wasn’t enforced. It has been ignored. You have done nothing wrong. Prove it. Boring, tedious, but simple and cheap.
If you have an existing court order saying one thing which hasn’t been actioned by the other party then you are pursuing the action be adhered to. It’s straightforward but in this case takes time and effort because the bailiffs are coming. Don’t go the long way around. Get your running shoes on and protect your family and home. Don’t be lazy and pay someone to do that for you because then it will cost thousands.
I don’t mean to sound harsh, but if you have the agreement already, it just needs to be enforced – not your fault. It’s a matter of legality. And the clock is ticking. So get the right people to enforce it – the people who set the enforcement in the first place. It’s no good waiting until the bailiffs show up because even if you later get everything back because of “a mistake” that stressful event will still happen.
Running shoes…22 February 2018 at 10:46 am #7974
Letter from the lender this morning, stating that the eviction has been cancelled and arrears paid in full! Back to court we go …. had enough of this psychological warfare!
Thank you for all your advice, it was invaluable 🙂
Alison22 February 2018 at 2:01 pm #7978
Brilliant – well done and get some sleep. It’s nice to hear a success story, so thank you.