Desperately need advice - arrears, repossession, ex husband bankruptcy.

B

Bailey2013

Registered User
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4
Good Morning

I'm really hoping you can help me as I have tried everywhere and cannot get any answers. Firstly I will explain my situation.

In 2007 I left Ireland to move back to the UK (i had no family or anywhere to turn to in Ireland) after discovering my husbands affair and he was violent towards me. Our divorce was finalised in 2010 on the grounds of adultery (took 4 attempts to get ex to agree).

We had in 2007 purchased a new build house in limerick, we had not moved in when i left as it wasn't ready and mortgage payments had not started.we agreed that my ex husband was still going to move into and pay the mortgage on the house. We agreed (not legally as we couldn't afford to go
Through the courts) that he would do this until the house in Ireland would be sold.

This didn't happen and the house fell into arrears. I contacted the bank to discuss options and advised them the house was up for sale. They didn't really offer me much help apart from to pay and make an appointment to see someone in branch, which I could not do as I lived in UK now. I asked if the could communicate with me via email and phone and they said they wouldn't in email.

After that phone call I heard nothing from PTSB until 2009 when I received an email asking me to contact them. I explained the house was still on the market, still empty and I still couldn't pay. I offered to hand the keys back. They said it was an option.

My ex husband who is still living in Ireland was now renting a house with his mistress only fifteen mins down the road and they refused to move in the house and pay anything.
This is still the case.

Again after this I heard nothing from PTSB until Dec 2012 when I received a letter asking for payment of arrears or vol surrender. I rang them again and said my situation had not changed and that I would surrender. My ex husband finally went to branch and agreed he would hand the keys back.

Guess what I have heard nothing again, and it is now almost September 2013. My ex is still renting and the last message I had from his is that he would declare himself bankrupt under new Irish laws.

I know I am jointly responsible for this property and believe me if I could pay I would but I can't my situation made my life change and took this out of my control, no excuse I know but it's the truth. I didn't want to take the mortgage in the first place as my ex only had a six month contract an the bank had no problems offering us te mortgage on the fact he had a letter saying he would be offered a new contract - he wasn't btw and is now unemployed and being supported by the state and his teacher mistress.

The mortgage was €245000
Arrears around €80000
Neg equity of €120-150000

I'm guessing at the above as I have no paperwork as it remained in Ireland along with half of my possessions when I left. It wasn't a well thought through exit, more a swift I have to run for it exit. Again no excuse I know.

Hat I can't understand is why PTSB haven't repossessed the house? After 7 years non payment. I my ex goes bankrupt it all falls to me and I really don't want to go bankrupt here in the uk. I don't own a home here just a car I need for work. But I know one day PTSB will come after me and I just don't know what to do.

They won't take the house, I can't pay for the house or shortfall and I'm scared for my future and my child's future.

Can anyone advise what I should do please? I've tried seeking legal advise but I can't afford £250 an hour and an Irish solicitor told me to "hide" but I've spent 7 years worrying over this I don't want to be looking over the shoulder for the rest I my life.

Please help.
 
Personal and income details
Net (i.e. after tax) Income self: nature of income e.g. self-employed/public servant etc
Income history: e.g. Employed £19,000 PA
Income history: left ireland 2007 threat due to divorce. made redundant in 2009
number of children
1
Amount of child benefit:
£80per month
Amount of Mortgage Interest Supplement received (MIS is the social welfare payment to unemployed people, don't confuse with TRS) none
Home loan
Lender: PTSB
Amount outstanding: €325,000 (maybe more)
Value of home: €120-150.000
Interest rate: specify whether tracker or SVR or fixed rate
Monthly repayment €1200
Amount in arrears €80,000 approx

Summary of discussions and agreements with the bank
No agreements reached offered voluntary surrender can't afford to pay anything.


Other loans and creditors - delete those which don't apply to you
Overdraft £1100
Credit Card £3000
Family £5000

Other savings and investments
None


How important is retaining the family home to you? Not important never lived in it
Which of the following best describes your situation?

I don't care about keeping the family home.


Any other relevant information
Ex husband refuses to pay mortgage even though he is renting fifteen mins drive away with new partner.

What is your preferred realistic outcome?
"I will never be in a position to repay the home loan. So I want to sell the house and deal with the shortfall"

Although I won't be able to afford the shortfall as it is a mortgage in itself.
 
If my ex goes bankrupt it all falls to me and I really don't want to go bankrupt here in the uk. I don't own a home here just a car I need for work
Click to expand...
You are a UK resident with an Irish creditor.
You are insolvent.

Your choices are
1) Do nothing.

  • ptsb could come after you but probably won't.
  • It will be hanging over you for a long time
  • You won't be able to borrow again for a long time to come
2) Go bankrupt in the UK


  • You will be free of debt in one year
  • Your ex will be fully liable for the debt
  • You will close an unhappy chapter in your life
3) Ask ptsb to write off the debt and pursue your ex


  • They probably won't do that
  • You would have to find some money to pay them
  • Your ex could come after you for the debt
It seems very clear to me. The whole bankruptcy regime was designed for people in your situation. Embrace it. Start a new debt-free life in one year.
 
Thank you

I know bankruptcy seems the most obvious solution but I so desperately wanted to avoid taking that route.

When you say offer PTSB some money are we talking they would want huge sums to help write off the debt? Or could I try and offer a sum to pay back over say 5 years such as €10000 and ask them to confirm in writing that they would no longer pursue me? Have cases like this been done or am I looking at tens of thousands?

Thanks
 
Why do you want to "desperately avoid" bankruptcy?

I put down the offer to ptsb to provide you with a list of your options. I don't really think they will accept it and even if they do, your ex could come after you.

I would think that they would require 10s of thousands. I don't think that they would be interested in a 5 year agreement. They would want the cash up front.

But you might be better to wait until they have repossessed and then you will know the shortfall.
 
I just dont like to think of myself as being bankrupt and it uosets me. Bankruptcy just seems to be such a drastic measure and will take so long to rebuild my credit rating as its not over in just 12 months it stays on file for 6 years. Silly I know and I need to face up to reality and put an end to this nightmare.

Can I also ask you why you think the bank wouldn't come after me as you put in your first point? I thought it was easy for them to do so under EU laws?

Thanks
 
While this is an Irish debt, have you tried asking for advice on fool.co.uk as well? As it's a UK board it can give you more advice about dealing with bankruptcy in the UK. Best of luck.
 
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