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Deleted member 317777
I never really understand your posts.
Serco offer 5 years rent. If the OP doesn’t want any management/maintenace issues. What’s the problem?
One for the legal eagles - forcing the sale of a jointly owned house
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Serco offer 5 years rent. If the OP doesn’t want any management/maintenace issues. What’s the problem?
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Regarding joint and several liability, this was my story, pulled from another thread here....
"Some years ago I split up with Mrs Secure Mk I.
I was left to pay the mortgage while she lived in it rent free without making any payments. It got to the point where I could not pay for me and the house I was not enjoying, so I had to give up. The RBS (mortgage co.) basically were chasing me for in excess of £33K.
I did not want to face bankruptcy, but the RBS were unrepentent. They wanted their money back from me and me alone, despite the fact that me & my ex had signed the agreement together, "jointly and severally".
I scraped together as much as I could with the help of family (a couple of grand I believe) and told the RBS (via my solicitor) that this was all I could offer them in full and final settlement of my debt and if they would not accept it, I would declare myself bankrupt. Thankfully, they accepted and I was freed from the debt. But I have to say that I believe much of it was of their own making."
They did nothing to trace her because they knew they had me to fall back on. They took absolutely no account of the fact that I needed somewhere else to live, I could not stay in the mortgaged property (I was being abused and that is why I left. In fact I left immediately after she shoved me down the stairs....) and could not afford to pay the mortgage and rent costs elsewhere. They did not care. Luckily for me, my solicitor got a letter from them stating that I am now debt free.
Because, guess what? Many years later, I got a letter from the RBS demanding I settle my mortgage debt with them.....
Cheeky b'stards!
"Some years ago I split up with Mrs Secure Mk I.
I was left to pay the mortgage while she lived in it rent free without making any payments. It got to the point where I could not pay for me and the house I was not enjoying, so I had to give up. The RBS (mortgage co.) basically were chasing me for in excess of £33K.
I did not want to face bankruptcy, but the RBS were unrepentent. They wanted their money back from me and me alone, despite the fact that me & my ex had signed the agreement together, "jointly and severally".
I scraped together as much as I could with the help of family (a couple of grand I believe) and told the RBS (via my solicitor) that this was all I could offer them in full and final settlement of my debt and if they would not accept it, I would declare myself bankrupt. Thankfully, they accepted and I was freed from the debt. But I have to say that I believe much of it was of their own making."
They did nothing to trace her because they knew they had me to fall back on. They took absolutely no account of the fact that I needed somewhere else to live, I could not stay in the mortgaged property (I was being abused and that is why I left. In fact I left immediately after she shoved me down the stairs....) and could not afford to pay the mortgage and rent costs elsewhere. They did not care. Luckily for me, my solicitor got a letter from them stating that I am now debt free.
Because, guess what? Many years later, I got a letter from the RBS demanding I settle my mortgage debt with them.....
Cheeky b'stards!
That’s sad, but did they know your ex had no assets, and did you consider suing her?
Ditto for most of the MAGA posts in GD
I wonder whether Foakes vs Beer applies.
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Deleted member 317777
Can’t say I’ve ever made a MAGA post.
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They didn't, because they didn't bother to chase her at all, I was easier to find.
My solicitor said I'd be onto a hiding to nothing as I'd have to spend a small fortune to find her and serve papers only to find she had sweet FA to pay.
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I've read it and I still don't understand it!
It means that if somebody accepts part payment in clearance of a debt, then they can still pursue the rest of the debt at a later stage.
It is an extremely old contract law case, but it still seems to stand as the leading authority.
I was just flagging it up for the OP really, as something to be aware of. You seem to have been given the all clear a long time ago!
Just out of interest, when you originally paid RBS, did you draw up some sort of Deed of Settlement, or did you just send them a cheque with a normal letter etc.
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I can try and dig out all the paperwork, but it was all done through my solicitor so I knew it would be done properly.
I have a letter from my solicitor to the RBS and one in reply saying I am now debt free.
I have a letter from my solicitor to the RBS and one in reply saying I am now debt free.
Don't go to any bother!!
It was mainly to flag up the general principle for the OP in case it comes in handy in his situation.
It sounds like you have been in the clear for a long time.
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Deleted member 317777
Because it’s BTL they won’t chase the same.
Either rent to Serco, or pop the keys through the letter and stop paying.
When it’s sold contest the value it was sold for. Say it was well under valued.
But could SS still sue his ex for her share?
On the face of it, that sounds surprising.
How sure are you.
If you turn out to be wrong, that could by extremely bad advice.
I don't know. Most civil actions have a 6 year limitation period.
