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[Solved] Finance enforcement order

 
(@Doogiee)
Active Member Registered

After a 3 year battle to see my sons of which I won, I took my ex back to court for a clean break order, at the end I had to pay her £10000 by end if November 16, we lived in rented but she got a personal loan for £20000 she bought a top of the range car and a hit tub and expensive clothing etc, as we where living together I have pay back half of that as I drove the car and used the hot tub, I have no monies and in debt because of her and into £1000s but the judge did not care about that, he knew I could not pay that amount of money but he said its up to her to chase it, she is now going for an enforcement order to get the money, but I simply don't have it, so I still dond know if I have got a clean break order or not, I don't want to go to prison because I don't have the monies to pay, and I only work part time and have very little money coming in, can enybody give me advice please

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Topic starter Posted : 01/02/2017 4:15 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
I think you need to take some legal advice on this one as my knowledge isn't too good, if the judge has ordered that you pay it, then I think that your ex would be able to pursue this further possibly through court, I do know of a friend that went through court and from his veiw there wasn't too much that could be done to chase the money that his ex owed him, but that didn't seem right to me as if it's court ordered I would have thought there would be something in place to ensure it happened.
.
I would get some legal advice as soon as possible, there may be a way that you would be able to set up a payment plan to make it a little more manageble.
.
GTTS

ReplyQuote
Posted : 01/02/2017 4:25 pm
(@motherofafather)
Honorable Member Registered

Hello Doogie,

If your Ex took out a personal loan in her SOLE name I cannot see how you would be responsible for paying anything towards the loan . Is the car and / or hot tub in your name? If not I cannot see how you can be expected to pay anything towards these either.

The fact you drove the car and used the hot tub, I believe, is immaterial. To draw a comparison, if anyone allows a friend to drive their car or invites them into the hot tub you don't charge them afterwards for doing so, you tell them beforehand that there will be a cost involved for the use of.

If I understand your message correctly the judge was not interested and you say quote, ".....he said its up to her to chase it,....." That being the case let her chase it. If you have no financial liability towards these items and the loan and have no money to pay what she is demanding then I would strongly urge you to clarify the financial details, armed with this information I would seek legal advice as soon as possible.

Some solicitors offer a free 30 minute consultation.

ReplyQuote
Posted : 01/02/2017 7:41 pm
(@Doogiee)
Active Member Registered

Unfortunately the judge has made his decision, i asked to appeal he said on what grounds I explained what you commented still not interested and refused also once the order has been made it cannot be reversed, I will be seeking legal advise, there is nothing in my name and she has blown the lot and maxed out her credit cards again, long after we split ¯\_(ツ)_/¯

ReplyQuote
Topic starter Posted : 01/02/2017 7:50 pm
(@dadmod4)
Illustrious Member

As I see it, unfortunately for you, the judge made a correct decision technically - even if the load was in her sole name, it was taken at a time when you were still married and for the benefit of the whole family, which does mean that the responsibilty for the loan is shared. What has happened to the car though? I would have thought that there would be grounds to say that the value of the car should be taken into account against the value of the loan, or that it should be sold to part pay the loan.

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Posted : 01/02/2017 11:33 pm
(@motherofafather)
Honorable Member Registered

Hello Googie,

I'm a bit confused as to whether you were married or not as I believe there is a big difference between the two when it comes to sorting out the financial side.

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Posted : 02/02/2017 12:12 am
(@Doogiee)
Active Member Registered

Thanks for the replies, yes I was married and the car has since been sold, but the loan has not been paid back, as the loan was £20000 the judge has split it 50 / 50 but I have not had £10000 to myself, I feel I have to pay for her high maintenance life style, I understand where the judge is coming from but it does not make it right, she also lied to get the loan saying she was a homeowner but we where renting, anyway she's taking me back to court on a enforcement order but I don't have a bean to give her so I will update once I've been....

ReplyQuote
Topic starter Posted : 02/02/2017 1:10 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
I think you are in a difficult, possition as you have been ordered to pay, but can't afford too, I would as said seak some legal advice but I would return to court and allow the judge to rule again on how that amount is paid, as said you ay be able to work out a payment plan of what you can afford.
.
GTTS

ReplyQuote
Posted : 02/02/2017 4:29 pm
(@dadmod4)
Illustrious Member

I would recommend that you contact www.stepchange.org - they are a debt management charity and they may be able to help you before you are actually in debt.

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Posted : 03/02/2017 10:21 pm
(@Doogiee)
Active Member Registered

Hi, been back in court, basically she is now going for an enforcement order for my mother to sell her property that i rent, due, as to her spending monies on the property as this judge seems to think that the last judge who said I had to pay the £10000 I somehow had the means to pay it, "is its my mother's house and she should sell it to pay off her sons debt" my interpretation, going to seek legal advice tomorrow will update on what I'm told to do......

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Topic starter Posted : 01/03/2017 3:54 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
I don't think that a judge could enforce that your mother sold her house to clear your debt, but I would get some legal advice as you say.
.
GTTS

ReplyQuote
Posted : 01/03/2017 11:50 pm
(@dadmod4)
Illustrious Member

I agree, I cannot see that a court could order her to sell her house unless you had somehow diverted money to her as a way to hide your own money from the courts.

ReplyQuote
Posted : 02/03/2017 12:49 am
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