Skipton - Shortfall Claim 15000

greenspun.com : LUSENET : Repossession : One Thread

Hi everybody,

My ex husband left me and two children in 1994 and went to America where he has since settled. I was left with two properties and mortgages and several other joint debts. Both properties were in joint names and were mortgaged with Skipton BS. One property was tenanted.

The property we were living in at the time was repossessed late 1994. This mortgage was covered by MIG and I have heard nothing other than a completion statement received in 1995. I handed the keys in on the other property after problems with tenants meant that I was no longer able to meet the mortgage payments in 1996.

It has taken me five years to pay off all the other debts left by my former husband but I have been fortunate in that I have since met someone else and remarried and I have a reasonably good job. My problem is that I have now been contacted by Skipton requesting payment of a 15000 shortfall on my voluntary repossessed property.

They contacted me at my office address and, since I work for a Mortgage lender (mentioned in several of your postings I'm afraid), this sent me into a state of panic. Since then my life has completely fallen apart as my current husband has decided that this is 'a debt too far' from my previous relationship and has left leaving me with a new mortgage, in joint names with my current husband, owed to my employer with payments being deducted from salary.

I have since requested details from Skipton under Subject Access Rights and received a large file in return. I'm afraid I have completed the income and expenditure form provided by Skipton (which showed that on my own my expenditure exceeds my income) and made them an offer of 1500 full and final payment or 75 per month towards the shortfall. They have not refused this but have now sent me an assets and liabilities form to complete. My main concern is to hang on to both my job and my current home. I am tefrrified that they are looking to make me bankrupt. My questions are as follows:-

1. I have no assets which are not held jointly with my current husband (the main one being our home in which ther is now some equity. Can they make a claim on assets held jointly with someone not liable for the debt?

2. Do I have to complete assets / liabilities form?

3. Does the fact that Skipton have made absolutely no attempt to chase my former husband (presumably because it will not be econmically viable to do so with him in USA) for the debt weaken their position in any way? I know that they are fully aware of his USA address as the information came in the original file from them.

4. What should my next move be?

Any advice would be gratefully received and I wish the rest of you luck in sorting out your problems.

Thanks in anticipation.

Diane

-- Diane (adammiles@ukonline.co.uk), February 10, 2001


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