Abbey National, quick response needed pleasegreenspun.com : LUSENET : Repossession : One Thread
Hi, can anyone help me. My partner is going to court tomorrow as Abbey solicitors sent letter saying they would try to claim against a Judgement (my partner did not know about judgement, see previous question called Abbey National) Anyway the judgement is against her ex partner and not her. Can they claim against this as it is in his name. Can my wife claim costs against them for threatening to collect against this judgement as it is not even against her? We want them to look bad after the upset this has caused my partner, so should we mention this in court? The only other point is that the morgage was jointly in my partner and her ex's name but she moved out a long time prior to the repossession. Any help would be appreciated.
-- Andy Baker (firstname.lastname@example.org), June 09, 2004
Your question is a bit disjointed - I will make the best answer I can. It appears that your partner and her ex jointly held a property under mortgage which was subsequently repossessed. On repossession, the courts made a judgment against the mortgagors jointly and I expect that this judgment is what now concerns you.
Your partner cannot absolve her responsibility for the mortgage by simply walking away - she is jointly and severally liable for what I presume is now a shortfall. I would expect that there is a judgment against your partner which you are unaware of and if this is so, then yes, Abbey would be able to use this judgment to recover money from your partner and assuming that my assumptions above are correct, then making the AN look bad is neither here nor there and your partner certainly cannot make a claim against a party that is using a proper process of debt recovery.
-- David J. Button (email@example.com), June 09, 2004.
Thanks David, My question was not very clear. Abbey threatened to recover from my partner the money from the judgement. My partner intends to have this judgement set aside as she had no knowledge of the judgement. When she received a letter from the courts with the date to attend, the judgement was against her ex. Her name was not on it. My point was, can Abbey pursue her for this particular judgement? and if not is it not immoral and unscrupulous to claim that they can. My partner has been most upset about this whole thing and can barely deal with it.Yes she did have a joint morgage, but had to move out because of violent circumstances. She reported this to abbey who were less than sympathetic. Yet now, when they are trying to squeeze money out of her they do state in the letters that they are "sympathetic to your situation". I do not think it is neither here nor there that they are made to look bad in court. I know that legally it is pointless, but I dont think it hurts to show a judge how underhand and unco-operative the claimant has been. any way thanks for your advice, it is appreciated.
-- Andy Baker (firstname.lastname@example.org), June 10, 2004.