Eversheds- court hearing II - NOT!greenspun.com : LUSENET : Repossession : One Thread
Hi again, many thanks to all that helped answer my query.Funny thing happened today,bumped into my ex-wife.(Have not seen or spoke to her in over six years).conversation got round to Eversheds and the mortgage shortfall claim for £45,700.When i asked her if they had pursued her with the same claim, she replied no. This i find very annoying as Eversheds were informed of her address back in January 2000. Iam of the understanding that in a joint mortgage both parties are liable for the debt! Could someone please enlighten me. Why are they only chasing me?
-- Gary Parton (firstname.lastname@example.org), May 31, 2001
You are right in that both parties are liable for the debt. Sad thing is that in a lot of cases, one party is being pursued whilst the other is left alone, even when the lender is aware of the whereabouts of the other party.
I have no idea why lenders do not pursue both at once. All I can tell you is that I do know in one case where a wife was pursued, and in the end agreed to pay a small sum in full and final settlement. The lender then went and chased the husband for the rest of the money!
You can, when you have a court hearing with Eversheds, ask them why their client has not pursued your ex-wife.
-- pendle (email@example.com), May 31, 2001.
The Lender/Insurer in my case has NEVER, ever contacted my ex, even though he was the one who had the money to pay them at least something since he no kids to support (he didn't pay Child Support either on the grounds that *I* kicked *him* out - ha!). After I had repeatedly challenged the Lender on their failure to pursue him equally, I was told by the CAB that they will always pursue the easiest one to find with the liquid assets - i.e. on the poll tax register with regular wages/salary. You *are* both jointly and severally liable for any alleged shortfall, until it is either settled or thrown out, but from my own experience it doesn't work that way. I even had it written into the divorce agreement that he would take the disputed mortgage shortfall on, as he owed me so much money anyway and I hadn't got a bean. The Lender/Insurer not only ignored that, but harassed me day in day out for years, at home and at work. I ended up leaving my job and telling the so-and-so's to shove it. My ex has never received a phone call or letter to this day.
-- Too scared to say (firstname.lastname@example.org), May 31, 2001.