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Response to WILL MY HUSBANDS HOUSE BE USED TO PAY THE DEBT

from Eleanor Scott (eleanor.scott@btinternet.com)
Debbie,

There are quite a few posts way down the Q&A Board which refer to this issue. I'm no expert, and I'm not sure I have fully understood your posts, but my understanding is that if an alleged shortfall is in the sole name of Person X, and they live with (or are married to) Person B, in a home owned by Person B (i.e. Person B is the only name on the deeds), then no 'charge' can be made on the property of Person B.

What will happen, usually, is that Person A will be sent an Income and Expenditure (I&E) form, and this will ask for details of Person B. Neither person has to give this data before the debt is proved, and it is debatable whether Person B ever has to give this data if they don't want to do so.

The Information Commissioner (formerly the Data Protection Commissioner) has indicated that any attempts by a lender or its agent (eg a solicitor or debt collector it employs) to suggest that an ex borrower is legally required to divulge the personal details of a partner who was not party to the mortgage ( a 'third party') would be a breach of the Data Protection Act.

A person who DPA rights have been breached, and who has an 'Assessment' from the Information Commissioner saying so, can sue, I believe.

Have you considered approaching a CAB or Law Centre for advice?

(posted 8436 days ago)

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