Debt questions from around the world, helping each other by giving and receiving advice on UK based debt.

Moderators: TalbotWoods, JaneClack

By rsa_uk
#209545 Hi,

I will try and keep this as short and sweet as possible, but really urgently need some advice.

To make a VERY long story short, I am a South African citizen and resident, who used to live in the UK, where I owned a house. I have now received a demand from solicitors in the UK, for the shortfall of circa £18,000.00 after they had repossesed the property in March 2008. The details of the reposession was as a result of the breakup of my relationship at the time, and my returning to South Africa.

Please can anyone advise me on the legal aspects of the above.

I have added some more detail below, just to give a better understanding of the situation, although I don't think any of it is relevant:
I bought the house when I lived in the UK, in my sole name, although both my (ex) partner and I lived there. It could not be in his name, as he had been declared backrupt previously. When the relationship broke up, I returned to South Africa for my own safety and sanity. The agreement we had is that he would pay for the mortgage and get it transferred into his name in due course, this dates back to February 2007. I have had confirmation from him that the above had happened and after that we had broken contact. (through emails exchanged between us)

Only to find out now that this never hapenned, he stayed on in the house as long as possible, and eventually left just before it was repossesed.
User avatar
By JaneClack
#209802 So basically the property remained in your name and you have the ultimate responsibility for paying the shortfall in law. The only way to dispute this would be to take your former partner to court in the UK to claim money from him but that does not wipe off the debt unfortunately.

Depending on how long it is since you returned to SA you could file for bankruptcy if you lived in England for 6 months in the last three years - that would wipe off any debt you had in the UK including any mortgaeg shortfall and any things like council tax which may also have been left unpaid.

Go to http://www.insolvency.gov.uk where you can find the information about this. Although it is generally said you have to return to the UK to file for the bankruptcy in the High Court in the Strand in London it is also possible to do this by proxy with a power of attorney.

Good luck with this. Let us know how you get on.