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Carrying out undertaking following final hearing?

  • lotaloving
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23 Jul 12 #344759 by lotaloving
Topic started by lotaloving
Can anyone help please?

I recently finished my (very messy) divorce self-representing against wife and her intervening parents.

At final anciliary relief hearing I reluctantly agreed to indemnify my wife against any losses on the sale of a property she owned. At the time i thought the losses were of the order of about £10,000 but it now appears that they could be more like £70,000. Even at £10,000 I explained to the judge that I couldn''t afford to pay it and I was concerned that I was effectively condemning myself to jail as I couldn''t pay the debt in my current financial circumstances. He explained that this wasn''t the case and that the creditor would have follow a procedure to offer terms to allow me to pay or go through a process to attach the debt to my property or something similar.

I have just had a letter from my ex-wifes solicitor reminding me of this undertaking and pointing out that failure to comply with the undertaking will be contempt of court punishable by 2 years imprisonment. he is asking me for my proposals for fulfilling the undertaking.

I thought that the creditor would chase me for the debt and I would be discussing the situation with them, not with my ex-wifes solicitor. I have not been issued with any financial details so don''t know the amount or anything, so cannot make any proposals even if I had the means to do so.

I thought the divorce was over and feel the the solicitor is harassing me regarding something that should be between me and the creditor and the court.

What right has he to get involved?
Who is he representing?
Can I just tell him to mind his own business and tell the creditor to contact me?

  • TBagpuss
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24 Jul 12 #345075 by TBagpuss
Reply from TBagpuss
you could apply to the court to be released from your undertaking. If the undertaking was iven on the basis of an expected debt of £10,000 then if the debt is actually £70K there may be grounds for the undertaking to be changed.


You are indemnifying your wife, not her creditors, so it would be normal for this to go through her solicitor. Your responsibility is to repay her anything she has to pay to the third party, it is she, not the third parties, who is your creditor.

If you have the creditors details you may be able to contact them to try to arrange for them to accept a lesser sum in ''full and final satisfaction'' but you would need to be very careful to ensure that this freed your ex from all liability,and to get this in writing from them.

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