Legal Advice on Debts and Claims

Questioner

Hello, I completed my amicable process positively 2 years ago. However, after completing this process, I found papers stating that I still had a claim on my ex. Now I submitted this to his administrator in July and he says that I am too late to submit it. And wants to know if I have paid half of the debts, if not she will recover a claim from me. Can this just happen? And what are the consequences of not reporting this during my amicable process? Due to personal circumstances I had completely forgotten about this.

Questioner

I forgot to put in that I have not paid half of the debt. I am disabled and have a small purse. My ex deliberately let the debts run higher by disappearing into thin air then. I had to file a request through the court to be able to sell the house. Where there was a mortgage arrears of 1 year. He also did not cooperate in withdrawing me from his ING account and also incurred debts on it.

Lawyer

Then you also have a right of recourse against your ex (for mortgage) that you can offset against the right of recourse that your ex has against you.

Questioner

Thank you for your response. I cannot offset a claim for recovery against my ex, because he is in the Debt Restructuring Act (WSNP).

Lawyer

You must submit it as a claim to his administrator if this is still possible.

Questioner

I have been told that this is no longer possible. I have already sent you an email

Lawyer

I will read it and then let you know if the answer to the email is correct.