The mortgage corporation. Edward Geldards Solicitor. Connault Debt Collectors

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I need advise please. Our house was being reprocessed by the Mortgage corporation, i moved into my mothers house with our 2 small children and he stayed in the house. I went into shared ownership until 2003. I was contacted by the collection agency in 1995 and began paying monthly payments. I kept this up. In 2003 I moved to a new house with my new partner I kept up with payments but on occasions was late with payments. I also forgot to advise them of my new address, but kept up payments though. I have now received letters from solicitors called Edwards Geldards requesting a lump sum of 17,000. I advised i can only afford 8,000. they have declined and want 10.000. My ex partber paid them 7,000. Edwards Geldards now want to put a charge on the house. I am in the process of writing to The mortgage corporation direct explainging what I can afford, what do you think? How do charges work - Can I still request to pay a one lump sum after a charge has been put onto my house? I have two children who are dependent on me. my ex has stopped paying maintenance as he now has 2 children with his new partner. My new partner has 1 child living with us. Its not like I am refusing to pay I am trying to settle but only what I can afford.

can anyone advise me. thanks

-- D. Hamilton (tropicalspice@bigfoot.com), September 01, 2004

Answers

Hi,

As you have already admitted liability by paying I would suggest that you try and negotiate a settlement. Have you got equity in your house and if so how much because you really do not want them to put a charge for the whole amount on the property - when and if you do sell it they will then get that chunk. Try and get into a discussion about settlement, if they insist you fill in an Income and Expenditure form make sure you show them how little money you have, indeed if you can get the form to put you into overdraft land even better. Secondly your ex cannot stop paying maintenance just because he has 2 children with his new partner. Get in touch with the CSA as you cannot shirk your responsibilities. My husband has a fruitcake of an ex wife who has stopped him seeing the children altogether and he still pays 300 a month for them - and we don't begrudge the children one penny as he is still their father.

-- Chris (chris@anon.co.uk), September 02, 2004.


Re the 'charge', not only will they want that chunk but they will also want the interest on that chunk. Settlement is the best option for you I think, as Chris says, but put them to strict proof first. Did they sell your property for a fair price?? If not, then this wil give you more leverage to negotiate, it may be the reason they've dropped 7K already. Given they have dropped from 17K to 10K I think you should be able to find some common ground. If you do reach a settlement make sure the agreement is worded properly, I have an example if you want. If they prove difficult I would suggest you contact your local MP, if he/she isn't helpful try Mike Hancock or one of the MPs who signed his EDM (see Repo page). You could also take it up with the media. Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), September 04, 2004.


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