Advice Needed

[Mrsmancmonkey]

Morning Guys

 

Hope that you are all well??

 

This week I seem to be crusading for my dad!

 

His 2nd wife has left him over 7 months ago and last week he had a visit from the bailiffs for unpaid credit card bills under her name. He had by phone given her new addresses when the creditors had been ringing (he also doesnt get any post to her to send letters to confirm this as they wont give out details) however they are refusing to change the contact details.

 

Is there anything he can do, he stupidly let the bailiff in on Friday as it was raining!!!!! No details where left from the Bailiff

 

Any advise warmly welcome

 

Thanks

[spamheed]

quote "last week he had a visit from the bailiffs for unpaid credit card bills under her name."

 

Has the debt been taken through the courts?

 

is it subject to a CCJ?

[Mrsmancmonkey]

Not that he is aware off.

 

He's not had anything on credit apart from his mortgage. All paperwork is being redirected through Royal Mail so he doesnt even know what she owes. Secondly the Bailiff mentioned about a charge on the house, and obviously if everything is being redirected he cant do anything about it

 

Thanks

[djdave]

First off, chances are these aren't bailiffs but debt collectors - who have absolutely NO legal powers or right of entry. If it's not been through the Courts then there's no way a bailiff will call.

 

If the bills are in someone else's name then a DCA has NO right to persue your dad for them.

 

Give it a while and Curlyben will appear with one of his excellent letters, but in the meanwhile tell your dad 1) not to panic and 2) to have nothing to do with the DCA except in writing.

 

[spamheed]

So to all intent and purpose, a total stranger is saying you owe him money and if you dont pay him he's going to bring the sky crashing around your ears.

 

He can't and it won't.

Without the powers of the court ie CCJ, warrant etc, he has the same power as the bloke that sells the newspaper by the train station ie NONE!!!

 

Firstly, Never let them in the house, they have no right to even talk to you.

 

It's not down to you to prove that you don't owe the debt, it's up to them to prove you DO!!

 

Besides, a charging order (CO) on someones property is the result of legal proceedings, ie a CCJ is obtained and then enforced with a CO (usually after the debtor has defaulted on the CCJ) and to even get to step one in this process, the debt would have to be in the name of the property owner

[Mrsmancmonkey]

Hi Spamhead

 

So to all intent and purpose, a total stranger is saying you owe him money and if you dont pay him he's going to bring the sky crashing around your ears.

 

No.... creditors are chasing the ex wife for monies owed not him. (And to be honest the silly @8W can sort out her own money problems)

 

He can't and it won't.

Without the powers of the court ie CCJ, warrant etc, he has the same power as the bloke that sells the newspaper by the train station ie NONE!!!

 

All letters are being redirected to his ex wife so he doesnt know if a CCJ, warrant etc has been sent as it would be under her name not his. So ALL paperwork is going to her. He doesnt know if anything has gone against the house as yet.

 

Besides, a charging order (CO) on someones property is the result of legal proceedings, ie a CCJ is obtained and then enforced with a CO (usually after the debtor has defaulted on the CCJ) and to even get to step one in this process, the debt would have to be in the name of the property owner

 

Apologies but this hasnt been mentioned it is in joint names, this is why he is concerned as he is in the process of buying her out however because no letters to her are going to his address he doesnt know whether she is defaulting on all credit cards and whether any action from the courts has gone ahead etc.

 

Thank

[shane5408]

Hi,

 

You really need clarification from your Dad's ex as to how far the situation has progressed, if a CCJ has been granted and a subsequent charing order then it is plausible the creditors could contend for her share of equity, you really do need to find out if it has gone this far yet.

 

Agree with all info been given so far, bailiffs need warrant of execution from the court to doorstep which can only be provided after CCJ has been granted on order of the court.

 

kind regards,

shane

[Mrsmancmonkey]

You really need clarification from your Dad's ex as to how far the situation has progressed, if a CCJ has been granted and a subsequent charing order then it is plausible the creditors could contend for her share of equity, you really do need to find out if it has gone this far yet.

 

Thats the major stopping point...... she wont even let him see my sister let alone talk to him. He's got solicitors involved with this but I just wanted to know if there was anything he could do without having to wait weeks whilst the solicitors communicate for her to answer his questions.

 

Thank you

[spamheed]

Quote

"Apologies but this hasnt been mentioned it is in joint names, this is why he is concerned as he is in the process of buying her out however because no letters to her are going to his address he doesnt know whether she is defaulting on all credit cards and whether any action from the courts has gone ahead etc."

 

This would obviously change matters quite a lot.

 

You need to establish exactly what has been done with this debt, if they have obtained any court decisions, at what stage the DCA activity is.

 

Also need to clarify the ex wifes position financially ie is she going to be defaulting on more debt

[shane5408]

the problem is because the debts are in her name he has no authority to send out CCA requests, etc which is what one would normally do to ascertain if the creditor has a legal right to collect the debt, the lack of a credit agreement or an agreement that lacks certain prescribed terms is legally unenforcable, as such the creditor has no legal recourse whatsoever to enforce the debt, including but no limited to getting a CCJ granted.

 

regards,

shane

[Mrsmancmonkey]

Who does he ask the local court as she wont be forthcoming with information unfortunately.

 

Or should he just hold fire and try and get the solicitors to communicate and get a response.

 

Thanks

[spamheed]

If the ex is maliciously encouraging indebtedness, It may be worth consulting with the solicitor to see what options are available.

 

I know when my divorce was impending, Knowing how acrimonious things were going to be we both signed as part of our divorce, documentation to distance ourselves from each others liabilities (However we had no joint liabilities).

[Mrsmancmonkey]

the problem is because the debts are in her name he has no authority to send out CCA requests, etc which is what one would normally do to ascertain if the creditor has a legal right to collect the debt, the lack of a credit agreement or an agreement that lacks certain prescribed terms is legally unenforcable, as such the creditor has no legal recourse whatsoever to enforce the debt, including but no limited to getting a CCJ granted.

 

This I know, I had thought and I know its naughty to see if she hade done a 30 day free trial with experian as he knows her details but thought better of it as didnt want to do anything underhand from my dads point of view. :o

 

I am at a lost on this - I've told him to do a letter to Royal Mail to object to the redirection, again this probably wont work as he isnt her see if at least he can find out exactly what debts there are.

 

Anymore advice is warmly welcomed

 

Thanks

[Mrsmancmonkey]

Cheers spam, I'll get him to speak to the solicitors as I do think that this is what she is doing considering all the other stuff which she has done.... my blood is boiling as we speak.

[shane5408]

Keeksta,

 

First thing I would do is contact the court with regard to the house, as it is jointly owned you have the right to know if any kind of charging order has been or is in the process of being secured against the house (I think so atleast, can't hurt to try anyway right)

 

Secondly I would speak to your dad's solicitor, explain to them his ex's refusal to even speak, let alone disclose information that could severely affect his equity in the house is unacceptable, I'm sure the solicitor will be able to adivise further.

 

kind regards,

shane

 

PS Is your father completely sure there are no debts in his name, don't forget this can include missed or late mortgage payments as well

[Mrsmancmonkey]

Cheers Shane he's onto it now.

 

Thankfully all mortgage payments are from his account and all up to date, he has never had any other form of credit and unlike me is good with his money......

 

She on the otherhand had credit cards in her name to fund her affair (dad opened one and thats how he found out after having a call from a call centre) and we are assuming now to look after themselves now since she has left.

[spamheed]

Just to clarify

 

Is it the debts that are in joint names?

or is it the assets (house and such) that are in joint names?

 

Other than the mortgage, which from what you say is up to date with no arrears, how many of the other outstanding debts are actually in joint names?

[Mrsmancmonkey]

No the credit cards are in her name only. He didnt know about these cards until everything (affair) came to light.

 

Nothing else is in joint names, he is free from unsecured, hp etc debt

 

Keeksta

[spamheed]

In that case, it makes things a lot simpler (if that is good english and the word "simpler" being relative to other scenarios)

 

The advice given earlier would now seem to be more relevant, assuming no court action has been taken on these debts and there are no Charging orders or similar in place

 

How far is your dad from reaching a financial settlement with his ex?

 

His solicitor should be able to draw up and include as part of any settlement a proviso than no claim can be made after the event either by, or on behalf of his ex for any debt or liability directly incurred by her. putting it simply, either she agrees, or she doesn't get paid

 

The key would seem to be getting her off the deeds asap and getting a legal document absolving him of any liability towards her personal debt.

[Mrsmancmonkey]

The answer to that is am not sure. Because of other issues surrounding the divorce it is now going to a different court with Barristers.

 

I've told him to speak to his solicitors and send him this link for him to read. He said thank you for all your help and much appreciated.

 

[1stlifeline]

Besides, a charging order (CO) on someones property is the result of legal proceedings, ie a CCJ is obtained and then enforced with a CO (usually after the debtor has defaulted on the CCJ) and to even get to step one in this process, the debt would have to be in the name of the property owner

 

From reading this am I correct to assume that a creditor CANT get a charging order on your house without first obtainig a CCJ, AND, you then defaulting on it.

[spamheed]

yes, that is correct.

 

It is common for DCAs and other desirable professions to threaten with a CO as part of their activities.

 

You would need to be taken through the legal sys and a CCJ obtained. A charging order is one means of enforcing the CCJ. If a payment plan is agreed as part of the issuing of the CCJ, then default on the payment could lead to further enforcement.