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  1. Hi I have a joint account with Barclays that I opened with my ex. I split up with my ex more than 18 months ago yet she is still refusing to close this account. Help please! My ex claims that she will not be closing the account as she is struggling financially and seems to think no arressment or freezes can be put on a joint account. Since we split there has been 500 loan applications made according to my credit file!!!!!!! Lost and would appreciate any guidance please. Many thanks F
  2. Hello, as embarrassing as this is too say, I’m in the same position as you. the police weren’t contacted and I didn’t sign anything/take photos that said I consent to my details being shared to the police etc and I wasn’t told they’d get involved. I wanted to know if you’ve gotten an invite from them yet? Also I think I’m gonna pay my fine cause I don’t want the hassle of receiving the letters and having a family member see them; have you received lots of letters?
  3. Greetings, this is my first post and Im hoping that I may find some help Im divorced from my wife and a while back she randomly rang me to ask if I had received a cheque? I managed to find out that she had employed the use of the claimsguys company and they found a PPI on a joint loan we had years ago, her cheque was for just shy of £20k, she had rung them and they confirmed that this was her 50% and not the entire settlement I rang barclays bank that the loan was with and they went through it with me, explaining that yes indeed the had applied and then been awarded 50% of the total claim, there was a 22K policy applied, and the total sum awarded was £39673.80 the problem Im now running into with them is that they keep telling me different things, 1 call resulted in me being told that they simply had to issue a cheque for my half and to wait for it, then another call I was told that the case was closed latest news is that her claim was upheld and she awarded 50% of the settlement, but I wouldnt be receiving my half?? what do I do to fight this?? its a serious amount of money, more than I earn in a year and as a now single parent it would change my life many thanks edit to add her claims company have rerally tried to get her to tell me to contact them, but I found out that she lost over £7000 in fees OUCH.. if I can sort this without them, I would be far happier
  4. If a couple have a joint JSA claim and the one who doesn't sign on (i.e not the lead claimant) goes abroad for a few weeks does this trigger migration to UC, either on leaving or returning?
  5. Hello all, My daughter has a joint account with her ex that she wishes to have her name removed from but the Bank/Halifax are making it difficult. Her ex left earlier this year and moved back to Scotland and left her with debts and a load of other problems which she has slowly managed to get sorted. She had to give up her courier job to look after the two children(6 and 4 yrs) and so has had to claim IS. However, due to this joint account the IS people are making it difficult to get the benefit and this has been ongoing since March. After many calls to the IS they said she would have to make a new claim which she has now done so has to get around the Joint account problem. Noe the bank says there are only two ways she can get her name off the account and these are, 1] she has to go to Scotland and sign a joint application paper to have her name removed as both parties have to go to the bank and sign the same time. She really really does not want to do that, 2] The other way is to actually get him to close the account and has he is out to cause as many problems for her as he can the chances here are probably a big fat zero. So, is there anyway that she can get this account closed/ name removed other than what the bank has said. She really wants it closed as to protect herself from any debts he may run up. The other question is now she's made this new IS claim will they take it from the date of the claim or will they back date it to the start of the original claim. Any help/advice is appreciated
  6. Hello everyone, I'm currently a single mum of 2 and claim working tax credit and child tax credit. My boyfriend and I are thinking of moving in together (him moving into my home). I said I will inform Tax Credits accordingly and make a joint claim once he moves in. The problem is, he has made it very clear that he will not provide proof of his wages etc (it's his privacy). He said that he wants to provide and we won't be eligible for anything so I should just call them and close my claim. My question is: Can I just call to say I wish to end my tax credit claim as my boyfriend will be living with me?. Will they not ask for his employer, salary details etc? I don't want to end up with an overpayment. Also, is there a best time to close tax credit claims because my friend said that I should wait till end of tax year April or July? Really confused so any advice would be appreciated. Thank you.
  7. Hello, I was recommended to post on this site and time is also not on my side! I appreciate any input and advice, thank you a) I went insolvent in September - since the date, I went to the HSBC branch with my wife to remove my name from the joint account and sign over responsibility to my wife as a sole account holder (including overdraft £900 and joint consolidation loan £326p/m on 18k). She did IE sheets and was telephoned across, approved, and we signed. The joint loan was part of my bankruptcy I understood it that my wife would take responsibility of that, hence going to branch and doing this. b) Since then, she was issued a final demand notice out of the blue, claiming default on arrears (there are no arrears, never have been) and 18 days to settle balance in full (£18k). No mention of any BR, just a final demand which is inaccurate in it's detail for the reasoning - and as it transpires, resolving it. c) 3 days of calls, and about 5 hours of speaking and on hold between departments because nobody seemed to know what was going on, we were told by the Financial Guidance Team to do nothing, let it ride out as they needed to charge off the account because of my bankruptcy - they'd even refund the latest payment which was automatically made after this demand letter. But doing this, of course would result in a default marker for my wife. and the recovery department would be in touch to collect the debt. Not knowing who to believe, I was passed to the 'insolvency team' who told us that my wife must get back in touch with the Financial Guidance Team, do a I/E and set up a repayment agreement BEFORE the 18 days. Needing clarity, and being frustrated at being told different things between departments (as well as being emotionally crushed, not to mention the psychological damage of listening to that HSBC hold music), we went to branch to have someone work with us to resolve. She made a call to the department on the final demand letter, who also said - get in touch with the Financial Guidance Team to do an I/E and set up a payment plan, if she does that then the default will not be passed to the CRAs. She put us in a room to make a call to the Financial Guidance Team, but then the whole fiasco started again... d) The Financial Guidance Team are adamant that they will not allow a payment plan. One guy we dealt with even went through a I/E with my wife but then came back after speaking to his manager, sorry, actually, that this isn't possible. I have spoken to the Manager who also insisted that it simply is not possible to set up a plan because of my bankruptcy, the account needs to be charged off. Period. I have argued that this goes against the terms of the loan in that she has not had the opportunity (actually denied!) to resolve this and she is being forced into default unfairly. The original contract has a clause about calling in the loan if bankruptcy happens to any party, but there is a line also that states that such action won't happen without notice and an opportunity to resolve, which is what I believe is being blatantly breached here. The manager raised a complaint for me - I have the reference number and intend to follow this up with my version not knowing what the complaint that he has raised references. Even after I spoke to the manager (who I suspected had either got this very wrong or has is own agenda), I asked to get put through again to the insolvency team again, who again stated the same - 'speak to the Financial Guidance Team' and get it sorted before the 18-days! Stalemate. My final call with the Financial Guidance Team yesterday, I spoke to a very nice woman who looked into everything and took it upon herself to speak between departments, not me, and get back to me. Her news: anyone who has told me that you could set up a payment plan is incorrect and has probably not understood that the final demand was generated because of my insolvency (even though the final demand says nothing of the sort - it even gives a reason it has been sent which is due to previous notice of arrears [not true]).. . the insolvency team I was repeatedly passed to was the 'wrong one' based in India, not in Birmingham... and apologies for the mix up but 100% we cannot set up a payment plan, the account needs to be charged off and your wife will have to speak to the recoveries people after. e) So what now!!? For our efforts, we are totally unable to resolve this through a payment plan, it's 18K or default. I have a complain reference number. They say that expect about 4 weeks for a reply to the complaint but maybe up to 8. I understand that I cannot do anything with the Financial Ombudsman until I have a reply (or 8 weeks). To recap - my issue is that my wife is being forced unfairly into default with every effort and the ability to repay with amounts of the original agreement. a black mark on her credit reference with a default. Plus, we have no idea even if there is no escape from this situation, what demands will be placed by the recovery department (i.e. currently the loan is 60 months at £326 p/m). But then, if my wife has a black mark anyway, what options are there for her to make a reduced offer or anything of that nature? We're in territory that we didn't expect and don't really understand. Perhaps naively, we expected the burden of the joint loan to simply fall on my wife, not being called in with a £18k demand. I'm also unsure what to do in the interim - if I'm raising a complaint, do we get any period of grace here - do we commit to whatever collections dept gets in touch after, or hold them off? Any help is very very very appreciated - our 18 days is up on 3rd Nov, and we've wasted a week speaking to them on the phone and getting absolutely nowhere! Thank you
  8. Hi, My partner and I are considering moving in together. I am currently on Income support as I am a carer. He is currently on Income support as a single parent to a 1 year old. If we moved in together, could we claim Income support as a couple or would he be expected to change to JSA or something else?? Thank
  9. I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011. The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex. Payplan sorted my reply offering £1 per month. I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP. The claimant rejected my offer and the court issued me a judgement by determination for £20 per month. My ex was sent a judgement by default. (The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP). I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced. The redetermination hearing is next Wednesday and states both me and my ex as defendants. My ex is long term unemployed, on jobseekers allowance and housing benefit. I am 58, self employed, on a low income and in receipt of working tax credit. Neither of us has any property, savings, assets, insurances, or anything of value. The debt is the second smallest on my DMP (total debts £24.8k). My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget. I feel responsible for sorting out the mess. My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party. Total being claimed is £461.80 plus £107 costs, so £568.80. After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400. Restons say they are waiting for Arrow to decide whether to accept my £400 offer. They're both dragging their feet unnecessarily I feel. Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone. I need to email the court to tell them of this new development and also include authorisation from my ex. I want to email the court today or tomorrow latest to tell them about my offer, also including email from my ex authorising me to do that, also that the delay is down to the claimant. How should I word my email, how should my ex word his email, and since its a redetermination hearing that I applied for, how will the offer of short settlement affect the hearing especially since my ex won't be there. I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes. When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now. I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do. I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes. Any relevant advice much appreciated. Many thanks
  10. A guide to the Joint Casualty and Compassionate Centre READ MORE HERE: https://www.gov.uk/government/publications/a-guide-to-the-joint-casualty-and-compassionate-centre
  11. Hello Everyone, This is a piece of advise for my mother who is currently going through lots of old paperwork. Back in 1990, she and my grandfather bought a house between them, both named on the mortgage with the Nationwide. Both her income and his pensions (he was 70 at the time) were used to get the mortgage. Both had to have Decreasing Term Mortgage insurance linked to the property in the event of either of them dying as it would clear the mortgage. In 1992 my grandfather died and whilst dealing with his affairs, my mother (and I as a teenager) visited our local NW branch where we were told that the mortgage would be cleared in full due to his death. The amount at the time was circa £20000. This was a Friday afternoon and I clearly remember how relieved my mother was as this was a huge pressure lifted off her mind. Our home was secure. We had been asked to return on the Monday morning following which we did. On arrival my mother was taken aside and apologised to by a senior member of staff. There had been a mistake. Due to my Grandfathers age (72) the insurance would not pay out as he was not covered. The premiums were up to date and like I said the policy was sold less than 2 years previously. Apparently he should never have been sold the insurance policy due to his age at the time of taking out the mortgage. My mother was very upset and the member of staff apologised again stating that due to the mistake, the NW would refund the policy payments made. It was a few hundred pounds and no where near the £20000 she was expecting to be getting paid out that day. And that was that. Back then with no internet and my mum was a lay person, she took what the NW said at face value. She was a long standing customer 15+ years at the time and trusted the staff to know what they were saying - even though they had messed things up big style when selling the policy alongside the mortgage less than two years previous. Ive tried looking online but to little avail as this seems quite a rare instance nowadays. Can anyone advise as to the best way to try and gain some redress with this issue please? I think it was handled appallingly and NW should have swallowed the mistake back then. Thanks.
  12. Hi Hopefully someone can give me some advice concerning the above. My husband had an account with the Natwest even before we were married in 1981. When we married he added my name to the account. Over the years my husband has used this account himself and I have my own bank account. My husband unfortunately passed away suddenly on the 19th of January this year which has been really traumatic. My husband had a £2,800 overdraft with them but I have been told that because the account is in joint names the account will go into my name and someone will write to me (basically debt collector) to work out how much to pay them. I know they are well within their rights to do this but as I have hardly used the account it is annoying and I cannot afford to be making payments to pay off the overdraft. My husband died relatively young at 63. Has anyone advice or been through this situation before? Do you think that we take a one off payment and how much would it normally be do you think. My Dad might be able to give me £1,000 which is good of him because he also paid for the funeral. Many thanks in advance. There is a lot I have had to deal with recently and I could do with some help. My husband was the mainstay of our family and now he has gone its like I am on the edge of a cliff waiting to fall.
  13. Joint Casualty and Compassionate Centre (JCCC) Guidance: READ MORE HERE: https://www.gov.uk/guidance/joint-casualty-and-compassionate-centre-jccc This information is relevant to Serving Personnel & Next of Kin / Family Members.
  14. Hi all Have applied for UC and soon have our interviews. OH is self-employed and works part-time. She doesn't drive, which severely restricts the number of clients she can take on. Should she face sanctions for failing to increase her business, how does that effect our claim overall? Does it just impact on the joint monthly standard allowance? Does it impact on the child element?
  15. My neighbour found out recently that money had been syphoned out of his current account, as the bank had linked his current account with a business account which the neighbour was not aware of. Subsequently, £15k has been removed over the years by the old company director. Natwest have investigated this fraudulent activity and state that they are not liable. My question is this: Are Natwest liable as they failed to inform the customer of the joining of the accounts? Is there any avenues of complaint other than the bank and financial ombudsman which is not worth its title?
  16. General question - if you hold a joint account, and one of the account holders dies, how much of the joint account would be considered part of the deceased's estate, for Inheritance Tax purposes? Example 1 Husband and wife have a joint account of £100,000; husband dies. Is £50,000 considered part of his estate, and the other £50,00 considered as just a part of the wife's assets? Example 2 Husband, wife and two adult offspring have a joint account of £100,000; husband dies. Is £25,000 considered part of his estate, and £25,000 considered part of each of the 3 dependants' assets?
  17. A guide to the Joint Casualty and Compassionate Centre can be downloaded. READ MORE HERE: https://www.gov.uk/government/publications/a-guide-to-the-joint-casualty-and-compassionate-centre
  18. I need to find my joint tenant that owes me money. I need to know the best way to get this money assuming he does get a CCJ. Background I moved in with a "mate" on fixed term joint tenancy and we agreed on 50/50 split for rent & bills. My "mate" lost his job a couple months in so could not afford his share of the rent. He said (I have email with this too) that he would pay me back once he got a new job. He borrowed some money from family and made some contribution but not the full rent. I had to make up the difference to LL. I had to borrow some money from my bank to cover this. He got a new well paying job but then decided to "forget" his promises to repay his share of the rent. However, ongoing rent was paid 50/50, same too for bills (except the final ones). We agreed to give notice to LL/LA that would leave end of fixed term. Two weeks before he moved out leaving keys. LL/LA did check out and there were valid deductions for professional cleaning and some small damage to curtain pull cord in his room (I didn't check before the inspection, he wasn't present.) There are also outstanding amounts for the council tax and gas/electric/water bills. Main issues This "mate" has disappeared, unfriended on Facebook, not answering personal mobile, personal email, no forwarding address. This was about a month ago. I'm assumed he has found a new place to live "permanently". I haven't yet got the final figure for the council tax, I've informed them I've moved out. Not sure how to get that finalised quickly. I'm owed approx. £3500 and I believe his new job pays about £4000/month net. (I helped him review his application for his new job.) I'd like to take him to small claims but not sure how to get his address to serve papers. I have his bank account number and I have his business card with work address. He is Italian from Milan. Although I'm sure he is still in the London area (I've seen his twitter feed) and working for this English registered company. I'm concerned if he does get a CCJ that he will skip back to Italy - then what? Also not sure best chance to get money back, I don't think he has much of value and probably owes family for past rent too. I'm thinking attachment of earnings but also maybe bankruptcy, or even DCA?
  19. Could a married partner with a joint account with the other partner be held legally responsible for the debts of the other ?
  20. Hi folks, So I'm in a bit of a complicated situation, I'll try to sum it up as briefly as possible. I guess I'm just curious what people think/advice/am I doing the right thing/anything else I could do? Last year I split up with my ex. I knew he had looked into some sort of tax credits scenario a few months before we split, however I never filled in any forms and never saw any money, thus thought no more of it. In June of this year I discovered he's been claiming joint couples working tax credits under both our names since last year. When phoning the HMRC about this they "fixed" their records, and proceeded to inform me that "overpayment letters" would likely be sent out. I told them I'd never received any money nor signed a form, nor knew he was doing this, they told me that I "must have" signed a form. I got C.A.B advice and did a Subject Access Request for the initial application forms (as I disputed the existence of a signature), and while waiting for these to arrive I asked a solicitor for help and also (on a particularly stressful day) phoned my ex and told him to get this sorted out. He said he would, unforunately he uh... doesn't believe in working. Seriously. I don't think he works at all. So I can't really see how he can pay this back, and if he can't, they'll still chase me, right? Even though I never got the money and work hard every week to pay my bills! The solicitor was skeptical about the lack of signature on the form, and I was even starting to doubt myself as to whether I had inadvertantly signed the form as the last few months of our relationship were pretty horrible/a bit of a haze of stress. Solicitor suggested he would send a letter to the HMRC explaining that I did not know about the claim, received no money, and for them to only chase my ex for the money. This letter was sent over a month ago, still no response for HMRC. The past two weeks - letters start flooding in. Firstly, the fruits of my Subject Access Request labour - a massive envelope containing, among other things, the initial application form. It is entirely filled out in my ex's handwriting, and there are NO SIGNATURES on it at all. Not his, nor mine. I can't see why these would be redacted (perhaps his, but why mine? Especially when I asked for it specifically?). Finally, this week I've received two "notices to pay" for overpayments to my ex totalling about £4500. They have been sent to him too (he's told me in an email he's dealing with it). I just don't trust that he will when he thought it was ok to do this in the first place, and also where is he getting £4500 from?? The deadline for re-paying this is in October! If he has no money/offers a tiny monthly repayment, they might still come after me? I've thought of phoning them to say "hey guys, no signature, why are you chasing me?" but I thought it best to wait and see what the solicitor thinks. So that's pretty much where it's at. I've told my solicitor about the S.A.R news and am waiting to hear from him... what a mess! Hope I'm approaching it the right way.
  21. Evening I will try and be brief. About 2 years ago my wife walked out on myself and my 21 year old daughter. I am working and am on a reasonable salary while daughter works 30 hrs a week. When we brought our house (which is in good positive equity) it was under a Joint Mortgage. My wife is now overseas and for my daughters sake we have kept things amicable. Since then we have been scraping along justs about keeping bills under control. The mortgage company is unaware we are seperated and sometimes I have been unable to make payments. I have used all my payment holidays up. Its starting to come to a head. I will not be able to make this months payment and probably not next months. I am planning to phone them up tomorrow but am not really sure how to explain why I cant pay.For many reasons selling the house is not an option. Do I tell them the real reason why I cant pay and that will jeopardise my mortgage. The reason (amongst others) I am hanging on is that in a couple of years time I am due a share payout which will definitely tide us over for a couple of years. Any suggestions would be appreciated.
  22. I was one of the first people to go through the ESA nightmare. Failed then appealed, placed in WRAG, appealed again finally placed in support group. On DLA awaiting PIP assessment. My wife as two types of Arthritis which over the last two years as forced her to give up nearly all her work. We manage at present but I believe that shortly my wife will need more help than I can give her due to my own physical limitations. Both my wife and I found my experience of the ESA/DLA very stressful. I ended up in hospital with severe mental health problems and my wife is very reluctant to but herself through this herself. As anyone on CAG made a Joint Claims and if they have what are the pitfalls or benefits of doing so?
  23. Hi, This is my first post on here. Please help! I received a letter last week from Concentrix on behalf of HMRC last week stating they were checking my claim for tax credits for the current year. I had put in a claim as an individual and they had information which linked someone else to my address and to me, and wanted to check if I should have been putting in a joint claim. My situation is actually quite complicated and I am now panicking that I may have done the wrong thing and really need both reassurance and advice please asap! Basically, my husband and I separated in January 2015 after I discovered he had been having an affair. At the time I thought this was a permanent separation. At this point, my husband and I separated our financial affairs completely other than him making maintenance payments for our children (we closed our joint account etc, I took over all responsibility for bills and payments for the family home) and he moved into a separate property, leaving me in the family home with our kids. One issue is that he didn't change his contact details on many of his 'affairs' including his banking (!) - obviously this wasn't my responsibility or my fault but I was aware of it, as I continued to receive post for him at my house. As our separation was civil (I wouldn't say amicable...) I was ok to keep passing his post to him as it arrived. I obviously didn't fully realise the implications of him not changing his address i.e. that it would link him to this address and to me, which could cause problems for my tax credits claim.... The main problem however, is that over time we did reconcile although very gradually and are still in this process (we completed our couples counselling just last week). He does continue to rent the other property and we have not resumed any joint financial affairs at all. I still pay for all elements relating to the home I live in with our children including all bills, and he pays for everything relating to his home. My main concern is that he has actually been staying in the family home on occasions since May (I also stayed in his house too...) but more and more regularly as time went on until he is now basically here full-time and has moved many of his belongings back into this house. I should say I was concerned about my tax credits claim as he began to stay back in the family home on occasion back in May and I actually contacted the HMRC customer service line at this point to ask how this situation would affect my claim. I was told by the person I spoke to as far as I remember as it was a while ago (and I recorded the time and date of this conversation) that there was no limit to how often my husband stayed in the home as long as he had another property which was his home i.e. he was paying for another property, paying bills, keeping his belongings there etc. I was surprised by this answer to be honest ie that there was no limit to how much he stayed, but I was reassured that I was ok to continue to claim tax credits as a single claimant. (I had said me and my husband were gradually reconciling etc and the advisor NEVER said I had to put in a 'change of circumstance') This may have been naive of me and maybe I should have looked into this further but I obviously went on what the HMRC advisor told me and didn't look into it further myself... To complicate matters further, I am now pregnant with our third child - this was a complete unplanned accident but it clearly confirms we are having a proper relationship, so to speak. Just to reiterate, there are still no financial links between us other than the historical ones - I am paying for 'my' home and he is paying for his and all the documents prove this. Of course, we do buy things for each other ie if we go out for a meal or a trip out with the kids etc... The plan is that he will be moving officially back into the family home as of December ie in the next few weeks, so we can have a fresh start with Christmas and the New Year and we will once again link our financial affairs fully and he has given notice on his house so that would no longer be in his ownership - I would of course then have informed HMRC of this, and reverted to a joint claim. I am now concerned that we have been overpaid as I should have been making a joint claim, (although when from I am not entirely sure - from when we agreed to make a go of it? the first time he stayed back in the family home? when he started staying much more regularly?) although I was only following the advice given in the phone call in May as to how our situation affected my tax credits claim. I have all the evidence which proves we have still two houses which we pay for independently as my husband is happy to co-operate in providing this (rental agreements, bank statements, utility bills, council tax statements) although the letter from Concentrix only asks for my documents. However, if you actually investigated fully (asking neighbours and so on) it would look like he moved back into my home a few months ago and obviously his address is still listed as being here on a lot of things and I am carrying his child ... I am now really concerned about the letter I have received as I genuinely believed I had done everything according to the 'rules'. I am feeling sick with worry that I have done something wrong (even if it was unintentional) and I am going to have to not only repay a large sum but may have to face a penalty and even criminal prosecution my husband and parents tell me I am worrying unnecessarily and if I send in the relevant documents, together with an explanation that I didn't realise the implications of him not changing his address, it will be enough to complete the check. Is this right though?? Am I better calling HMRC direct and explaining the situation??? What I don't want to do is to send off the documents as requested and a statement which then creates further questions but equally, I don't want to 'hide' anything and then have it come and bite me later on... Please help - as I say I am sick with worry. I am the sort of person who hates to do anything wrong and it is making me feel ill that I may have, and may have to face consequences for this. I just want to get it cleared up asap Thanks.
  24. Me and my ex have been renting a flat for just over a year, we have a child and have recently split up. When it was clear the relationship couldn't be saved I put in notice to end the tenancy agreement (It's a big expensive place that I didn't want to continue with on my own and she wouldn't be able to afford), she was asked to confirm which she did and we were given a moving out date. She confirmed she had arranged to move in with family with our child until she was able to arrange a place, I know that this is fact as I actually double checked and confirmed everything was in place to ensure both would be sorted when the flat was gone. She's now gone to the council in an attempt to obtain a council house and has been advised by them to not leave the property, even after our agreement has ended and the flat has supposed to be handed back. They'll then sort her a place when she has been evicted. This obviously isn't on. My guess is I can wave goodbye to my deposit if she goes through with this which in the grand scheme of things I'm a bit annoyed about but it isn't the end of the world. I'm more worried about if I could be taken to court for failing to leave the property (although I will have left) or if I could be liable for any rent she may tot up or anything along those lines? Will they take legal costs etc out of the deposit? Could I be blacklisted anywhere? Thank you!
  25. Hi Guys Don't know if this is right area but, here we go..... Firstly thanks for all the helpful posts £60,000 of unsecured debt in default and 6 years down the line a clean credit history...... A friend has an issue he needs advice over:- Some time ago his limited company got into trouble. He was supplying the banking sector and when the banks crashed his customer base disappeared overnight, he mistakenly paid off his creditors leaving a overdraft of around £20,000. The bank could see he was in trouble and asked for a second charge on his property when his partner refused HSBC called him in and sold him a managed loan to pay off the overdraft. He maintained payments till last year form his own pocket as the business wasn't trading in any way. The current balance is around £4,000. His new accountant looking at the situation suggested desolving the company and this was done, at this time he wrote to the bank explaining the situation and notifying them of financial hardship, since then all they have done is tried to bully him into payment. He believes the original loan to have been mis-sold as affordability checks would have clearly shown he had no income (after all this was why he had been called into his branch), also the loan wasn't offered it was thrust at his as a no option situation. We have been through the financial ombudsman route but because the company doesn't exists as a legal entity they can look at this!!:mad2::mad2: What everybody missed was a Joint and several agreement, that he doesn't recall signing let alone having explained. This was signed by another Director and himself, he doesn't know the whereabouts of the other director having fallen out several years ago. The bank have now placed it to a debt collection agency who are attempting recovery of this business debt under the terms of the joint and several agreement. We have done a SAR and they do have the J&S although HSBC have admitted that they can't at this time produce the original loan agreement. My Questions.... 1/ As this is a business debt, are they able to mark his personal credit file? 2/ it is my guess that the J&S although legal is a civil matter and a court ruling (judgment) is required before his personal credit file can be marked? 3/ Is there any useable defence against the J&S? 4/ Being that he has personally re-paid 75% of this loan from personal funds could he tell them to get the rest from the other director who signed the J&S? 5/ Can we use the lack of loan agreement to default HSBC and stop recovery in the same way as we would for a CCA? 6/ Could any of his personal assets be at risk, without this going to court? Thanks guys, i know you will come through Regards Dave
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