Advice on debts and residual debt | Legal aid centre

Questioner

Ir/Madam, I would like to receive advice regarding the following. I am 28 years old and the mother of a daughter of 4, currently (re-cohabiting). I got married in 2009, and unfortunately divorced again in 2012. This, with all the consequences. My ex-partner has saddled me and our daughter with many problems due to various things. From his life before us, and what we should have together. The house we owned at the time, which I had to pay for almost all that time on my own, which was almost impossible, I eventually sold myself to a real estate agent. This of course did not yield the amount it was supposed to, but since the mortgage could no longer be paid, this seemed to me the best option to ensure that there would not be a monthly amount of 1100 (gross mortgage) on top of the debt, but that there would be an end point, and we would finally be able to start solving and paying off after years, instead of getting into further trouble. In addition to the residual debt on the house, I had to sign for a revolving credit of 38,000 euros in order to buy the house. HIS credit, for which I thought I was only standing surety, but in the end it turned out that I was jointly and severally liable. Stupid. Very stupid. But now a reality. For months (as in years!) I have been trying to reach a decent agreement with the creditor in this matter via email, telephone, letters etc. They are not willing to do anything, not even if they will finally receive money for the repayment instead of just the interest. They are putting my back against the wall. I have convinced my ex that I do not intend to pay for his debt and he now also bears the monthly payment for this, only when he does not pay or does not pay on time they will of course come to me with numerous threats. I know that I am personally liable and that it is my own stupid fault. Also that I simply have to pay if they demand it for the same reasons. But I am emotionally so tired of all this. I want a solution. And to be helped. So that I can finally pick up my life again after all these years instead of being held up by the past. The residual debt of the house has been (still, unbelievable to me that this is taking so long) determined, but I still have not had a conversation with the bank. They also probably have more emails and proposals from me than new mortgages. I have been trying to find a solution for years. Last week I was called by chance by the bank's collection agency and today the message came that they are going to send me the papers in which I have to fill in everything in order to arrive at a monthly amount for repayment. We are talking about an amount of 114,000 euros. Of which nothing has been repaid in all that time. These 2 creditors (and also the only 2 for me) are going towards 154,000 euros. With 2 persons jointly and severally liable. Now you would say 70/70 but that is not the case. Both remain liable for the entire amount at all times and that is also the problem for me personally. I do not want anything, absolutely nothing to do with my ex in the financial area. For the simple reason that he is the main reason that I now have so many problems! I have paid everything properly my whole life, never had any excessive problems, worked my whole life, never been without work for a day, I earn a good salary. And I want a solution asap in which I can continue with my life and finally know where I stand. I have also written to the social services for this, that is where I was sent by the municipality. It is already a big step to ask for help at all, where I am not the type who likes to be helped but solves her problems herself. At the social services, everyone is put in the same box. And I find that very difficult. Someone who works very hard and unfortunately got into debt is asked and treated the same as someone who has not worked his life and is at home on welfare. That is why I am trying to obtain information in every possible way about the possible other options for me. After selling the house I moved to a private rental home out of necessity, but because this was very expensive and our relationship was ready for it, I then moved in with my boyfriend and my daughter. Of course there are still some questions on my side, since he should not be affected by the debts from my previous relationship and I obviously have to contribute to our cohabitation since I moved in with him and my daughter. But first of all I am curious about a response to the above. Thank you in advance for your time if you have read the entire story and I hope to hear from you soon. Thanks in advance!

Lawyer

You have found yourself in a situation where your debts have become unsolvable in my opinion. I am afraid that due to the interest on the outstanding amounts, your debt will only grow and will never be paid off. You have at least two creditors who can file for personal bankruptcy and , after which all your assets will be sold. However, after that bankruptcy, the debts remain. I advise you to submit a request for debt assistance to the municipality. Based on the bankruptcy law, this process consists of two phases, the amicable or the WSNP (Debt Restructuring (Natural Persons) Act). In the first phase, it is examined whether an amicable settlement can be reached with all creditors. If this is successful, you will be assigned a trustee and you will pay off the maximum that you can reasonably afford for three years. The released amount provides for an absolute minimum. All additional income goes to the creditors. If one of the creditors refuses to cooperate, you can appeal to the WSNP. The judge then decides that the creditors must accept the proposed arrangement. In practice, the WSNP also lasts three years. After this period you are debt-free, your debts have been converted into a so-called natural obligation that can no longer be enforced in court or you are released from joint and several liability. There is one catch: if your joint and several co-debtor pays off the debts in full, he will have a claim on you for everything he has paid in excess of 50% of the principal, despite the WSNP.