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Debt liability between da and consent order

  • Daisy39902
  • Daisy39902's Avatar Posted by
  • Junior Member
  • Junior Member
21 Oct 18 #504468 by Daisy39902
Topic started by Daisy39902

My Decree Absolute and Consent Order were supposedly issued to court by my solicitor at the same time. I had been advised that the Decree Absolute could not be applied for prior to the consent order as this could cause financial problems. This week I received notification that my decree absolute has been granted however my consent order is still waiting to be placed in front of a judge and that this is normal for some courts to place the decree absolute and consent order in front of a judge separately. Within half of an hour of receiving notification that my decree absolute has been granted I receive a call from my mother stating that an Enforcement Agent is at the marital home which my ex husband left in March '17 threatening to come back later with a locksmith to enter and retrieve goods for a fine by HMCTS in my ex husbands name. I am told that because my ex has not informed his banks of a change of address and that because his name is still on the mortgage they can still enter the property and take goods that I can not prove are not his. I am unable to remove his name from the mortgage or the title deeds until the consent order has been passed. Why has a court decided to grant a decree absolute prior to a consent order when both were placed with the court together? Does this mean that until the court decide to pass the consent order and I can commence process of taking mortgage on in my own name (which I have mortgage and solicitors for conveyancing in place ready to act) all debt collectors can come to my home to collect debt accrued in my ex partners name? I return all post received in his name return to sender some quoting his latest address. Two credit reference agency's have removed him as an associate from my credit report and I have notice of corrections with all credit reference agency's. Help

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