My mortgage arrears of £17K date back to 1996 with Yorkshire Building Soceity, their lawyers Addleshaw Booth & Co based in Leeds have persued me continuously to settle the debt - I have now noticed that the balance of the outstanding debt has dropped by £800, although, they won't admit it I am sure that my ex partner has paid this as his full and final settlement. They are persistantly requesting I fill out the income and expendiure form which I refuse to do, before they will accept my offer to match this £800. If it is proved that he has paid this full and final settlement can they continue to chase me? They have threatened that if I don't fill out the income and expenditure and provide documentational evidence within 7 days they will take me to court - do you think they will do this ? I am starting to worry as I now live with my new partner everything is in his name ie the house, car and I am unable to provide any documents relating to his expenditure, I have told them this but they are now saying send in pay slips, if I do this will I be penalised for not providing expenditure? Please help me as my relationship with my new partner is becoming strained !

All comments gratefully received Thanks in advance.

-- Jessie (jessie01@talk21.com), December 17, 2001

Answers

Er..they are NOT legally entitled to anything pertaining to your new partner's finances,unless you are claiming he supports you completely and have no income of your own. That you have to prove and only to a Court, not to them. However, they are not allowed to ask for your partner's payslips, bank statements etc. If he has assets, they must be in his SOLE name and again your Lender can have no claim on them if they are. My Lender tried it's damndest to get info about third parties (even my Dad!!) as I just flatly refused to give them anything more after years of hassle. Your Lender might very well take you to court, as it seems some Lender's are getting all hormonal again, but nothing much will happen in the interim. They can chase you even if your ex settled with them but they do not have to see an I&E before accepting your matching settlement. All they are trying to prove is that you are a better bet recovery wise than your ex. Give them nothing to go and and make it plain you will fight them tooth and nail. Bet they settle.

-- Too scared to say (iwasduped@yahoo.com), December 17, 2001.