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Response to Joint & Several liabilty on repossession shortfall

from (bluemoon@mcfc.co.uk)
I've had this experience from a joint mortgage, also with friends at Eversheds. I settled my liability some time ago (for an amount) only to find they were pursuing my exwife for the full amount still (ie not subtracting my payment off). Their excuse? Well, they hadn't updated the file, and frankly, as someone who also works in the industry I believe them. Eversheds et al look to send standard letters out to you at low cost to them to frighten you into paying up. Any time they spent on the file is a cost to their client, hence our strategy of demanding proof, crossing every t and dotting every i.

Re your ex. They will undoubtably be trying to get the full amount from her as well, although they will - as they will with you - settle for less if they think they cannot get anymore. Strictly speaking they cannot tell you how much she has paid or agreed to pay, but obviously, the amount they claim from you should be the full total minus her payment. Write and ask them for an updated figure showing all payments off the account, and don't forget the SARN route.

Finally, I know things are normally very nasty after a relationship breakdown - same thing happened to me - but please do think about contacting your ex and discussing the situation with her. Eversheds would like you both to be at each others throats, grassing each others income up etc etc. Don't let them win.

(posted 8274 days ago)

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