my estranged wife has negotiated with the abbey national and settled on the shortfall of our joint property.she paid £4000 on £15000 debt. We are still married but the abbey national are still pursuing me. Where do I stand legally.

-- terence (terry@bluefox2000.karoo.co.uk), April 17, 2001

Answers

If it's a jointly held mortgage she could not have settled without your agreement and their agreement in writing to the offer made. It would only then become a satisfied debt...which is why they are coming after you. I would suggest you talk to your estranged wife and ask to see what paperwork she has; my guess would be that she may have been misled as to the nature of her payment - i.e. they have accepted four grand off her but it still leaves the rest up for grabs. They can go back to her too, I wonder if she realises.

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

Unless I am mistaken, when there is a joint mortgage each party is liable for the shortfall, and normally they chase one party until a settlement is reached, then approach the other party. She can reach a settlement figure - but that does not effect or dismiss your liability. I would be interested to hear from any other people in the same position.

-- rob dodd (robdodd2@dialstart.net), April 20, 2001.

I had a joint mortgage and settled. I was then sent a letter that said that the payment was in full and final settlement and that they would not request any further monies from me even if my circumstances changed, however they would reserve the right to chase the other party (and any guarantor) for the remainder of the shortfall. I don't know if they have chased the other party as I am not in contact with them though.They always mentioned in all of their previous correspondence that I was "jointly and severally(?) liable for the total amount of the debt".

-- Michelle Rogers (michellearogers@yahoo.co.uk), April 24, 2001.