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T O P I C R E V I E W
bmj2
Posted - 19 December 2008 : 15:36:10 My ex-husband ran up debts I knew nothing about 44K worth until I left due to abuse from him and did a credit check. He decided to sell the house in joint names and made an arrangments to pay so much to the credit company. The conceyance solicitor made a mistake apparently and gave me a higher share of the monies, the mortgage being taken from my husbands share so he was unable to pay up.
I kept the money, rather alarmed at the way he had spent the leftover in 2 weeks and my husband filed bankrupcy which took place last May.
Since then the credit company have chased me for the overpaid money about 15K with interest saying that he had agreed to an undervalue but he did not. I think that he should have had his debt written off due to long term psychriatric problems.
I am living off the money no longer eligible for DSS payments and am actually living abroad due to helath problems. Can they take me to court and would the court look favourable on my case as a return to the UK would be very bad for my long term health prospectsd having a condition that is not recognised or treated in the UK.
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John
Posted - 19 December 2008 : 16:21:56 Hi
you are unlikely to be pursued abroad for the level of debt in your case. If you have no plan to return to the UK then you should be unaffected by any court action instigated by a creditor in the UK in your absence. If you were to return that's a differrent matter.
Whether your ex husband agreed to a transfer undervalue or the solicitor made an error makes no difference, if the monies should have been legitimately split 50/50 and were not, then clearly his creditors have a claim against the sum of overpayment to you.
The fact remains they will not see any of it whether it is a legitimate claim or not if you do not intend to return to the UK.
