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Non Payment of Consent Order

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3 months 5 days ago #513456 by Sarahdivorced
Non Payment of Consent Order was created by Sarahdivorced
Hi

I wonder if anyone can help me,

I was divorced in 2002,

We sold the FMH, and my ex sold a buy-to let illegally while we were separated and kept all the money.

We owned another buy-to-let which i moved into. I also got permission to do so from mortgage provider.

I was to have a share of his pension, as i paid in £600 a month to his sole pension, he insisted i do this as his company doubled what ever he/we put in. (i did question this with him at the time, what would happen if we got divorced etc, he said we never would, well you can guess the rest). He also insisted as i was self employed that i did not pay NI as his/our pension would see us alright at retirement. He controlled all finances even my wages.

On the last day of court we had a new judge, the previous judge had asked numerous times for him to bring in his pension details, he never did, so the Judge turned to me and said "you dont want that anyway do you", so because of my ex's non-compliance it was not added to consent order as we both agreed.

Can i apply for a modification to consent order to have it added ?, as i am not entitlement to a state pension and do not have a private pension.

He illegally sold a jointly owned property while we were separated and kept all the proceeds, i also gave him the FMH.

He was to pay the mortgage monthly and remove his name until i was able to take over. This has never happened.

I did receive one off payment of spousal maintenance of £500, after we were actual divorced, but before consent order was granted. The FDR cost £5000, i was asked to changed mortgages into interest only saving £1000 month for him until they were sold, and my mortgage was never changed back. Hardly seams fair at all, wish i had not bothered.

During FDR he asked me to sign all properties into interest only until we came to an agreement on finances, which i did.

So i signed everything over to him and he received all his monies.

I then received an eviction notice to tenant (me), as he was paying mortgage on interest only and all correspondence from mortgage company went to him as he insisted if he was paying, i was shocked to know he had NEVER paid a penny and it was in a years arrears.

I found out on a Friday and was due in court the Monday.

The same judge who dealt with our divorce dealt with repossession, and put on hold, as luckily my ex had also applied to the court for a modification to consent order, he wanted my home sold and all equity so he could buy a six bed roomed house.

The Judge denied him his modification, made him pay me the years arrears and 6 months upfront to give me time to take him to court should he do this again out of his proceeds from FMH.

He was very awkward, difficult and nasty through this whole period. I agreed and complied with everything requested from me as i did not want dealings with him again.

He withheld his address in court from me, saying i was abusive etc, and feared i would stalk him, simply not true my behaviour in agreeing to everything and his non compliance with numerous court orders shows i wanted things over and done with and no contact.

I had wanted my mortgage paid off, so i could remove his name immediately, so no more contact. But he knew or thought at the time that when i signed over the proceeds from the FMH that i would be in court and loose my home around the same time, because he had not even paid the interest on my mortgage from day one, he had insisted he would do if he had all monies from marriage in lump sum.

So the Judge has enforced my consent order once.

I have never received a penny other than what the Judge enforced.

Can i take the matter back to court and get enforced again ?. My mortgage is up in 6 years, and i still owe 65k and no way to pay it off, i have continued to pay the interest on mortgage since to save from repossession.

He did start saying, to Judge he didn't trust me to remove his name, so i gave him a signed copy of change of names in front of Judge, i told him pay the interest monthly and i will match it, slowly the balance will go down and we can apply every year until the bank allows us too, but without an address for him this was impossible. I did write to his employment several times until he left, but i was left with no contact details for him.

I have now found his company which he set up in 2004, it is worth millions and managed to get a company to get his home address, he has recently brought a house with his girlfriend for 580k. So he does have my money.

I do not know how to approach this.

Can i get a charging order for full outstanding mortgage balance, because its proven he can not be trusted to pay me monthly or request he take out an interest free loan through his company..

Can i even get consent order enforced ?.

If not, can i still request half of what i have paid over 18 years, as his name still on deeds and responsible. Anything at this point is better than nothing.

Is there a time limit on these things ?.

The amount of money i have paid out is around 100k over the years that he should have, but im willing to just settle for the 65k outstanding on property so its secure.

Can i have the pension added in as originally agreed, as the Judge on last day was not the Judge that had dealt with our divorce. as the original Judge was suspended from duty, i dont think its right to pressure me on the spot like that because i wanted things over and done with and so did the Judge and he made that plain.

Can i ask for my money in full, as he has taken out company interest free loans for round the world trips for 30k. Im sure there's equity in his home for the rest if i request a charging order.

I ask this because of the financial fraud, and non compliance with any court orders and not paying interest unless forced too on my property.

There is no way the bank will release his name unless its paid off. Because of the history on the property, a years arrears and it never being taken off interest only, or changing back to the original terms.

To date all i have received is £500, and 18mths of mortgage interest (aprox £3,000) in 18 years.

At no time did the Judge reprimand my ex for -

Not paying the interest on my mortgage or other properties when i signed into interest only as requested to make it easier for him.

Valuations on properties, we were asked to get one each, i got three he got none, he then said i had committed fraud on valuations, but i had gone for the lowest valuation and it sold quickly in 6 weeks for that price as i had stated. So that was thrown out.

Stealing my bank statements and phoning his girlfriend in court to read out during and FDR i brought. I had complained my mail was going missing in court and my bank statements in my sole name. This proved he had been stealing mail addressed to me from my home address.

Illegal sale of jointly owned property, he asked that i agree was a legal sale in consent order.I did this although i had all the documentation to prove otherwise.

Changing the locks and locking me out the FMH where i had lived at the time, he did not move into it he left the property empty. He was being spiteful and trying to sell as sent estate agent round to value during separation.

Going to my place of work and handing in my notice six months after we separated.

Putting forward 5 divorce agreements, all of which i agreed on, even when i did not want too, my solicitor drawing up and him saying hes changed his mind, so back to court and whole process all over again.

The sale of properties and assets went to his conveyancing solicitors, who then told me she cant release the money unless we have an agreement in place, she refused to acknowledge the consent order. I have in writing. I was desperate for the mortgage arrears money as had a dead line date.

My ex has then sent me through conveyancing solicitors, numerous agreements to split money that did not comply with consent order. I refused to sign them as Judge had said he needs to pay me 18 months mortgage interest out of his proceeds..

I strongly suspect these were the reasons the original Judge was suspended, as i could and still can not believe what he was allowed to do.

Hes walked away with 500,000k in assets and money.

I walked away jobless in the clothes i stood up in and what i had in my handbag when he locked me out FMH, no private or state pension, with home i can live in until the next six years if i pay the interest, which i will do.

My ex has been a bully and intimidated me since we married especially financially as would go crazy if he did not have control over everything, even through the divorce and since.

He has put up several websites, saying i robbed him and took all his money through divorce etc, putting up a petition to have me sectioned, another with naked pics called "mysickexwife".

Making allegations on the day verbally, and saying he has evidence i.e letters/pics, not swearing it in, and refusing to let me see. To this day i have panic attacks thinking about enforcing consent order, as back then i never knew what would be said or what he would do to me. I felt all allegations he made were taken as true, and my factual evidence/documentation of his behaviour was not even looked at.

I was not prepared or did i expect the things he said about me in court. It crushed me.

Everything went his way in court, there was alot i could have said about his behaviour, like when the police contacted me because he was in chat rooms talking about killing me or making my life so miserable that i would commit suicide so he could claim the insurance policies. My solicitor said do not complicate things further, just answer his allegations against me which i always did.

My confidence went years ago, and i fear challenging him (but am now prepared to do so), if anyone does, thats when you see the real him, but i have got to sort this out this year.

When we met it was me that had money, he was in negative equity with a dilapidated house, i paid off the negative equity and to modernise the property for sale, i then saved for a deposit on a better house that we both brought together.

I did not want to call the police to him, because i had worked 24/7 several jobs to pay for his computer courses, equipment and degree for him to eventually start his own business.

Which he did officially a year after we divorced, although he was doing from home for small businesses while we were married. This was never mentioned in court.

Finance is his forte, he does all the security and financial programs/systems for Australian government for police,fire, he has a company in china, and UK doing virgin money, RBS, Barclays, Santander and many many more big names in banking.

He never wanted the illegal sale of jointly owned property coming out, thats why hes been so nasty and awkward, he is also very corrupt and will not tolerate anyone standing in his way. I never wanted to destroy his dreams or future career as although i also made them my own during my marriage, once we separated i saw that as all his, even though i hard worked so hard towards getting him there, i still see as i helped to get him there and if that gets destroyed all my hard work would have been a waste of time as well, even though i do not benefit from it financially, even with nothing, i can still say to myself i was true honest and genuine with all my efforts.

I dont know why hes not contacted me as im at the same address, i cant move or sell or remortgage without his signature etc, i cant financially remove his name and the mortgage is with NRAM and had previously been in the years arrears, and partially repossessed which i got back.

I cant only think, because consent order says "using her best endeavours to release (Mr x) from mortgage", that he might say i have not, but i gave him a signed copy in front of judge and to his conveyancing solicitors to pass on to NRAM, but they have always said to me on phone two names on deeds is better than one should arrears occur again. Arrears were not my fault.

It also says that the property is to be used as my home, i did rent out for a year while i worked abroad, i dont know if he knows that or if thats a reason not to pay me, but i did that so i didnt pay council tax on empty property and the mortgage and service charges were paid.

I really dont know what his angle is, im convinced its so i cant move property or financially, its in his best interest to remove his name and help me in this.

I even wrote to his company and asked him to help me remortgage the property as NRAM will never remove his name, to then take his name off deeds. I never get a reply.

I really do not want to be doing this as am scared to face him, but i have just been avoiding the inevitable, its just causing me so much mental anguish as i do not feel i was treated fairly, and my ex was continually allowed to breach orders, act illegally without anyone stopping him, so any advice would be gratefully received.

I did not explain above, i brought the two buy-to-let properties but put his name on the mortgages because we were married. He illegally sold one and took all the money, i had to move into the other as he locked me out the FMH we brought together, this left me without rental incomes and properties to let out in the future as income, i was also working part time and he gave in my notice at work which he should not have been allowed to do was malicious.

I really would appreciate some help.

Ms A

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3 months 5 days ago #513461 by WYSPECIAL
Replied by WYSPECIAL on topic Non Payment of Consent Order
Your post is too long to read and digest fully, could you clarify it a bit?

You have a clean break consent order that was agreed by the court in 2002?

If that is the case what instruction in the consent order has your ex failed to comply with?

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3 months 5 days ago #513462 by Sarahdivorced
Replied by Sarahdivorced on topic Non Payment of Consent Order
Hi,

Sorry about the length of my post,

He was to pay me spousal maintenance by way of paying whatever the mortgage interest is to NRAM on the buy-to let monthly and service charges (i did gain permission from NRAM to live there) until NRAM would release him from mortgage and deeds and transfer to me.

He did not pay my mortgage through divorce proceedings as he promised too, on the basis i turned the mortgage from capital and interest into interest only which i did, i only found out just before monies were to be released on the sale of FMH.

NRAM got a court order on the property and i had deadline to pay arrears by.

A week later i was due in court with ex as he had applied to vary consent order so that he could have all the monies.

The Judge upheld consent order and ordered he pay me the arrears and 6 months upfront from his proceeds from FMH so i would have time to take him to court if he failed to pay again. I did receive this money.

He has never paid another penny.

Hope that helps

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3 months 5 days ago - 3 months 5 days ago #513463 by Sarahdivorced
Replied by Sarahdivorced on topic Non Payment of Consent Order
Yes its a clean break, when he complies with his part of consent order, which he has not.

Have attached copy of consent order, with names etc blanked out.
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Last edit: 3 months 5 days ago by Sarahdivorced.

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