husband made bankrupt I am paying for his contribution to our wedding and life together

[robarj]

My husbands debt got bought, he got harrassing phone calls, they made him bankrupt, then 2 years later have made me pay back the money he contributed to our wedding and household living. Apparently this is within the law to do, so had no other option, am paying nearly £800 a month. The debt was nothing to do with me in the first place and we never had joint bank accounts. The law needs to be changed as this has cost me my health, and it happens to loads of people. I was classed as a creditor, and was so scared I would loose everything, I said I did not owe, but they said if it went to court I would be oweing a lot more. I tried to make deals, but they refused because they said they knew they would get the whole amount and all the costs. even the time limit they set they would not give an inch on. I personally have never borrowed money and only have something if I have the money, I have never been in debt before, and this was not my fault. I have had to sign a tomlin order to say I will pay and on time if not the whole amount will add immense costs. My reason for putting on here is for this to be looked into so the law will be changed so this does not happen to other people. I have written to several government people but have had no reply.

[Surfer01]

This does not sound right but hopefully someone with good advice will be along shortly.

[Ell-enn]

Who are you paying this money to ?

[sequenci]

Hello there, welcome to the forums. I have some questions...

 

1) Who made your husband Bankrupt?

2) Who has asked you to pay back the money?

 

The only situation I can think of where this might have legally arisen is if your partner gave you money before the bankruptcy order was made. The Official receiver could then order you to repay the money that was given to you. Can you clarify if this was the case?

[robarj]

The solicitors of the trustees of my husband. What I find most upsetting is my husband was willing to come to deals with these people, but they would not accept any deal apart from paying the whole amount, and the solicitor from the other side gave advice to my husband when we were waiting to go in, his advice as I was there, sounded like it really was the best option to be made bank rupt. My husband had offered to have the full amount put on the house that he had with his ex partner when the children were old enough, but this was not acceptable to this firm, they wanted to make him bankrupt, as my husband was not legally represented, the other solicitor explained that his ex partner house could not been forced to be sold, but it was, and this did not affect me in any way, and it did, the Judge even told us when we asked if they can force a sale on the house and he said they could not, but they have. The house has not sold yet, and they, that is the solicitor who I am dealing with, said they are going to reducde the price as it had not sold.

The reason they can legaly ask me to pay this money back is because of the pursuant to sections 340 and 341 of the insolvency act 1986. I fully understand they can legally ask for this, but the money was for my husbands contribution to our wedding and household, and surely he should contribute to our lives together when he came he came with a bag of clothes, and now I have ended up paying for everything and my husband has not contributed to our lives financially and that is why it is upsetting, think how he feels too, my hsaband never stopped his payments and did not ask for this company to buy this debt. But these companies are aloud to buy them and force you to pay it all and not make a reasonable deal, that is unfair, and even more unfair that because we could not have joint bank accounts, the money for my husbands contribution to our lives together, I have to pay these people. But the law is there and there is nothing I can do about it, even when I realised I had no other choice but to pay this money even though I do not beleive I should, the solicitors would not accept any offers I put foward, because they said they knew that if it went to court they would get all the money and intrest from when my husaband was made bankrupt and I would have to pay the costs too, so I had to take the unreasonable deal, and they knew I was now unable to work, as I had an accident due to the stress all of this was putting on me, but no one cares if you do not pay them as they know they will get more f you dont. I just feel they are all bullies, and I have always spent only money I have, I do not borrow, if you do not have the money you do not have the item. Its too late for me now as I have signed a Tomlin order to pay this, the only reason I did this was so there would not be further costs, and for my health, I could not take much more.

Morally it is unjust for me to pay this, but legally they can use this law, so the reason I put on here, is hopefully the law in this matter can be changed. It feels like someone has robbed me, but they have the law on there side.

Another note is that both the trustees and the solictor said when they asked for the information that this would not affect me, and it was just procedure, so I wrote back to them with no legal advice because they said it would not affect me. Which ever way you look at it, MY HUSBAND WAS A CREDITOR OF MINE IN THE EYES OF THE LAW, but morally how can he come into my life and not contribute to our lives together. He never stopped a payment and honoured his side of paying this, why can someone buy a debt and then demand the whole amount it does not make sense. I can not put the clock back, I did not receive my letter until 7 months after my husbands discharge, we thought it was all over, but apparently it is not. It is done now, but I want people to see the unfairness of how a debt can be bought and people loose so much from it.

II I am not really looking for advice, I am really looking for the law to be changed so it is fair, and I think this law ifs is there for a good reason, but it has been mis used in this case, and is being mis used on many other people.

This type of thing could break a marrage up or make people commit suicide, they stress is immense, and the reason the stress is so bad is because I have not done anything wrong, and this is totally unjust in my eyes. I am a very mellow person, I have been through a lot of other stresses as well, but this is the hardest to come to terms with, bexcause people are delibretly doing this to make money.

Imagine someone coming up to you saying you need to pay us money when you do not feel you owe it.

May peoples conciounes be awakened and things change. For our childrens sakes.

[Surfer01]

I think you have been royally done over. The opposing solicitor should not have offered any advice and it shoudl never have been accepted anyway. I cannot see how you can be made liable for debts incurred by your husband prior to meeting him or marrying him. They have stitched you up! Hopefully someone will be able to offer some sort of legal advice.

[robarj]

Hello, thank you for such a warm welcome!.

 

1. can I name on here?

2. the solicitor for the trustees.

 

The money was my husbands contribution to our lives together, for household and for our wedding, as we could not have joint bank accounts. So yes legally they can ask for the money, but morally they should not.

My husaband paid on time and the amount agreed, he never stopped his side of the agreement. I find it unfair that another company can buy this debt and demand the whole amount. My husband offered many different deals, more money each month, not good enough for this company, put the money on the house where his children were living, so when they were old enough and the house sold they would get their money. but this was not good enough. What ever he offered they would not accept, and he did not have the full amount to pay them, also, I find it unreasonable they can change the arrangement that was already made. We had only been married for about 8 months when the debt got bought. I had sought legal advice before getting married and was told as long as we did not have joint bank accounts it could not affect me. I followed this, but because we could not jointly pay for things like household and the wedding, this is where the problem lies. When my husband was paying his regular payments he was told that he could still have money to pay for living and even told he could have savings. As he never stopped any payments ever, I would of thought it was reasonable that when he came to live with me he should contribute to the wedding and the household, and that is what this money was for, in hind sight if we had known that companies can buy a debt and any money he had contributed to us living together could have had to be paid back, I would not have got married. But I never imagined this would happen. I had brought up 3 children on my own and have never borrowed money, I had periods of time when we had to go without, as I would not borrow. I think it reasonable that when I got married that my husband contribute. But because the money for this had to come out of his account into mine, it is said that this makes my husband a creditor. I think the law was for actuall creditors, not for people who are married and have living costs and a wedding to pay for. I think this law has been mis used in my case, and many other peoples as well.

When I counted the cost of fighting this all the way, I realised that my health had already deteriated, I had already had a accident because of not concentrateing and that for my health and my childrens well being that it was better to give in to this unjust situation, which is what these people do, play on the stress it causes. With a law already in place how could I fight it, even though it was being mis used.

There is a very big story of all the events, and everyone I speak to thinks it is very unfair. So according to the law my husband was a creditor, according to the law I have to pay this. BUT according to me, this is a law being mis used.

I find it unfair how the solicitor who I dealt with also would not accept any deals I came up with, and even not willing to allow it to be paid over 1 year instead of 6 months. But I had no other choice, I would have ended up paying all the intrest and costs.

I am not very good with pen to paper, so I hope this makes sense.

When I was asked 7 months ish after my husbands bankrupcy discharge what this money was for, I was told that this would not affect me and it was just procedure.

I just can not understand that after all this information which the trustees had of the whole case, how they still pursude me for this money.

If it were not for all the costs that someone is making, there would have been plenty of money to cover the original debt from the sale of my husbands house where his ex partner and children live, and spare.

The whole thing seems to me just like a money making scheme, and innocent people loose out.

Can you imagine paying a mortgae for years, and then one day the morgage company say if you do not pay the full amount now we will take your house, they cant as you have an agreement on payments, if you always paid on time.

But with debt they can, it does not make any sense to me. At what point did me or my husband do anything wrong to be pursued like this?

My reason for writting on here is to say the law needs to be changed, before these people destroy many other peoples lives.

It is only my opinon but I think it is wrong that this happens, and people I have spoken to also cant beleive this has happened. But the law allows it.

I have had to sign a Tomlin order, so there is nothing I can do about this now, just wanted this law changed so the real people who cheat the system do pay and the innocent people dont have this law mis used on them.

Even though I am paying this, I must make it clear, I do not in any way beleive I am liable for this money, but only agreed to pay it because there seemed no way out.

Do you think this law has been mis used in my case, with the limited amount of information you have?

[Surfer01]

IMHO you really need to seek professional help on this and you could have a chat with yoru local CAB office and then take it from there. Do you think you qualify for legal aid.

Although I have read your post there are a few points that are not clear.

1) When did the debt arise, before or after your marriage

2) If before, was it before you met your husband

3) What is the debt for, i.e. credit cards, business etc?

4) I am still not sure why you are liable for your husband's debt, it is either jointly or his debt, not yours

 

Hopefully you will get some good advice but be prepared to answer some questions in the meantime.

[robarj]

1 and 2. It occurred quite a few years before we even met.

 

3. when my husband left his ex partner, they were not married, he consolidated all their debts and took them on, so that his children would still have a roof over their heads. Nothing was done legally, he did what he thought was best for his children at the time.

 

4. I am not liable for his debt. I am liable for the money which he paid to me for his contribution to our wedding and household bills ect, we did not have joint bank accounts, this is where the problem lie, it makes my husband a creditor of mine according to section 340 and 341 of the insolvency act 1986. And because before he was made bankrupt he had paid it to me, it made him a creditor to me, and they say he should have paid it to this other company, so with this law in place, I have to pay this money. But I do not see him as a creditor to me, as we were married, he should contribute to our lives together. It is quite a complicated issue. But I can not understand why they did not ask all the people he paid rent to and the food shops for the money too, because they were also creditors, if I was. Before he met me. It is basically because they see it as he owed the money to me, but the only reason was because we did not have joint bank accounts that he had to pay me at some point or another, as I had lived on my own with my children for 8 years, I had been paying all the bills and did not think to get the bills paid half by him and half by me, and I didnt think when I paid for the wedding that I should have got him to pay half of everything at the time from his account, so that made it money he owed me, in their eyes, it means he should not have paid me the money, he should of paid them.

 

And because they are owed the money first, I have to pay this to them, once all the costs of this bankrupcy finish, I doubt even the debt company will get half of the original debt, because of the costs. where as if they had not added all these costs there would have been plenty of money from the sale of the house he half owned when it got sold when the children were old enough, but they would not accept that deal or to pay higher monthly payments. And I am the one left to pay my husbands contribution to our life together.

I have signed a Tomlin order, so I am going to have to pay this, if in the event that any instalementis not recieved on the due date for payment as they have said, then the entire balance will then fall due for immediate payment and the inttrest will occure at the rate 8% per annum until payment. So because of all the pressure, I have signed this and can not do anything now, unless I inncure even more costs. It was like being held at gun point, I had no other choice, otherwise it would have cost me alot more.

I am not willing to pay any thing else, they are in a win situation. Unless this law is worded so it can not be mis used this will continue to happen to others. If I knew I could definatly win, I would have gone to court, but according to the law as it stands I cant.

How unfair is that.

Thank you, if there is something that can be done, I will do it, but not to the point I have to pay thousands more pounds, it would make no sense to do that.

 

The advice I was given was they are in their legal right to ask for this money, it may not be fair, but they are doing it legally.

 

In the eyes of the law I owe this money, not fair that a law can be mis used in this way.

 

Is there anyone who can go into court and know that I would win the case and not have to pay loads more money?????? I dont think there is.

 

I have written to different people in government and had no replies, where do you go to get this law re amended so it can be used for its true purpose, and not mis used. No one listens.

 

I am happpy to answer any questions, but I think at the end of this, you will find that this law says I have to pay this.

Hope you can see now why I have to pay this, but really I should not have too. I will do something if someone can show me it will not cost me anymore, I really appriciate your time in this matter, I am hopeing someone will see a way.

[sequenci]

Hi there.

 

As far as I understand it, one of two things has occured.

 

Either A) Your Husband has carried out a pre-brankruptcy offence by giving you this money. This is likely to be the case it was demonstrated that it was his intention to defraud his creditors.

 

or B) He has carried out a pre-bankruptcy irregularity by giving you this money - as part of the bankruptcy the trustee does have the right to have these transactions 'set aside'. This is likely to be proven if these payments forced him into an insolvent state.

 

Would you say the situation mirrors one of these two?

[robarj]

neither of these, he never knew he was going to be made bankrupt. so how can you fore see you are going to be made bankrupt? He did nothing unreasonable, and his bankrupcy had been discharged about 7 months when they wrote to me.

 

Does this mean anyone who owes money can not pay for living? this money was his contribution to our life, once this is paid off, my husband will not have finacially contributed to any living costs or our wedding,

 

how can you know you are going to be made bankrupt.

 

I think it was unacceptable that the money was not just put on the house when it sold, because now they are getting that and I have to pay this. There was plenty of money to cover the debt like that, but now with all the costs there is not. What a way to make money.

 

This payment would not have forced him to be insolvent, because there still would have been money to pay, and he had the house as an asset which fully covered the debt of his. Basically it is a legal way of making me, who has nothing to do with this, pay his debt, I have spoken to a lot of people, and it has been noted that they, that is the companies who buy these debts, delibertly buy debts of people they have found have recently got married and know they can use this law to get much more money than the original debt, because they only pick people who have the assests, and know that these people can not have joint bank accounts, so what ever that person pays, they know they can use this law to get the money.

 

yes it is legal what they do, they do have the right for any money he has paid to get back, but that leaves me an innocent party having to pay this money, and that money is rightfuly mine, because I was not aware that he could not contribute to our life together, the advice I got was to not have joint bank accounts. I was told then I would not have any problems. But no one said, you must make sure your husband pays from his bank account for all bills and costs for the wedding, half the amount. I went to a solicitor before I considered fully about getting married, and asked advice, I was never ever going to marry again after all I have been through, but I finally found a real different trustworthy man, and out of common sense got advice, to make sure I could not loose out because he was paying this debt. If there had been any doubt that this could of affected my situation, I would not have got married.

 

 

Well by the law, I am paying this back, of not fault of my own, my trust has gone in the system. I have let someone live with me without contributing, not his fault, but this laws fault, I have once again been walked all over, and taken for a ride, and there is nothing I can do about it, good job I am not a revengefull person, but I am sure there are people out there that are. Maybe justice will come out of all this one day, but I dont hold out much hope for it too.

 

Sorry but I am really upset that this has happened to me, but that is what life is like, I asked why I should loose the baby, but that is life, anything can be taken, so I suppose we should all be greatful for what we have right now, and learn to accept that life is not fair, and to appreciate all the wonderful things, the air we breath, the beautiful sky, that we have love to give and people to share it with, I just think that some things seem so unfair because someone is delibertly destroying someone life out of greed, I know many people who get away with evrything, always doing the wrong thing, but it always seems to be the honest hard working people whom seem to suffer.

 

The law says I owe this, I say I dont, but I am paying it anyway.

 

This wont stop me being me, and as they say if it does not kill you, it will make you stronger. After all it is only money,

 

I agree the law says they can do this, but under my circumstances, do you think it has been mis used?

[caledfwlch]

I thought a payment could only be "reversed" if it was proven the debtor had done so in order to avoid the money being taken during the bankruptcy, hiding assets as it were?

 

istr a thread on here where a poster had lent money to his brother well before a normal bankruptcy with no restrictions etc, and the IP was demanding the money off the brother who just laughed at him, as the IP was essentially trying a "confidence [problem]" having no lawful right to chase, or formalise via court.

[debtinfo]

Basically money can be recovered if the person was insolvent at the time (there are also some time restrictions) but they dont necessarily have to have been looking at bankruptcy at the time or looking to deceive creditors