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Author Topic: Chargeback on property  (Read 1714 times)

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Offline IRISH EYES

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Chargeback on property
« on: June 19, 2017, 01:28:09 PM »
Hello all,

Has anyone got or had a charge back put on by the courts?

Have you ever challenged it and had a result?

I am looking into this now and a solicitor has told me that it is one of the worst court orders she has seen and so she has confirmed that 15 years ago i didn't get a very good 'deal'.  She has also informed me that it would cost me a lot of money to contest this court order, but i can't sit back and just allow myself to not fight for what is maybe a just cause.

My main problem is that my ex kept his pension and will receive a large lump sum and a considerable pension, but i will never be able to build a pension like his as i have been looking after the children. 

I am just worried for my future and wondered if anyone has any advice?

Thank you in advance.

M


Offline sunshineonarainyday

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Re: Chargeback on property
« Reply #1 on: September 27, 2017, 09:08:33 AM »
Hi Irish Eyes,

Just joined the group and saw your post...

Firstly, really feel for you - I found myself in the same position after an awful time in the Courts, ultimately our financials ended up in the High Court, London.
The Judges put a 33% charge on the amount I had been awarded (although not paid).  This was also based on inflation.  So if the house I purchased was 300k, his charge was 100k - but if when the charge became repayable and property prices had inflated, so would the charge i.e. house in 10 years time worth 600k, his charge would be 200k.

The stress of the chargeback always weighed heavily on me - especially as I do not rec've any sort of maintenance from my ex and Dad of our 2 kids.

In the end, I managed to go full time at work and stretch myself massively in order to pay him back before the charge became enforceable. 

However.....within my paperwork, their was a clause which was something like 'if when the chargeback becomes repayable and the Wife is in financial need and these can be proven, the charge can be referred back to the Court'.

Now, I did have a QC to represent me on our last day at Court - he always said that if I played the game, I wouldn't pay a penny - but I had no idea what he meant by this.  I'm wondering if it was due to that clause.  However, I just didn't have the energy to fight it at the time - and as I'm sure you have been advised, you only have a certain period to challenge any order.  By the time I felt emotionally well enough to do so, the time had expired.

What are the terms of your charge? 

Good luck x

 

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