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Mortgage holiday and contents

Posted by Stacey 
Mortgage holiday and contents
December 15, 2021 05:36PM
My soon be be took out a mortgage holiday without my knowledge, the banks say this is fine as only one person needs to apply for this. He didn’t need to as he was still in full like employment, so he has pocketed 6months of the mortgage therefore putting my mortgage up as interest was still added but no payments were made. My solicitor is saying I cannot do anything about this and also that the fact my equity will be less now because of this is how it is and a court would not even take the mortgage holiday into consideration is this true?

Also when I moved out I didn’t take much I tried to go back and get this but this resulted in more abuse from him he ended up with nearly all the contents of the property, I have asked for certain items but have been told no so I asked to be financially reimbursed my solicitor has said nothing can be done regarding contents again is this true. I have set up my home so now wouldn’t need items from the property but it doesn’t seem right that I had to start from scratch I was given £15k when I moved out this was used to buy everything but it is also coming out of my share in the equity so infact I lose out in all angles. Is my solicitor correct in what she says?

Thankyou x
Re: Mortgage holiday and contents
December 16, 2021 10:01AM
>>a court would not even take the mortgage holiday into consideration is this true?

Yes. A court will not usually speculate about 'what ifs'.

>>my solicitor has said nothing can be done regarding contents again is this true.

Well, it is true to the extent that the cost of litigating the issue would probably vastly exceed anything to be gained. Unless we are talking Rembrandts or Ferraris it is hardly ever economic to litigate over chattels.
Re: Mortgage holiday and contents
December 16, 2021 10:56AM
So with my ex taking out the mortgage holiday I need to accept the new mortgage figure and not what it should have been had he not taken it out? My ex was the only one who gained out of this mortgage holiday.

Thankyou so much for your help I really do appreciate it.
Re: Mortgage holiday and contents
December 16, 2021 04:04PM
>>So with my ex taking out the mortgage holiday I need to accept the new mortgage figure and not what it should have been had he not taken it out?

Correct. If he had overpaid on the mortgage he would not have been credited with that either. Courts take the figure as it is rather than as it might have been.
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