Left with Debts

[slick132]

Hi,

 

I've hopped over from Bank Forum as I have debt questions. They're on behalf of a friend so please excuse awkward phrasing.

 

Husband left wife in April - no warning, no letter, no phonecall and no contact since. He was working abroad and home at weekends. Went off as normal and that was it. Police contacted after 2 weeks who reported he was safe and well (probably contacted him with mob phone) but didn't want whereabouts revealed. They were married for years, have jointly owned house with joint mortgage.

 

This week by normal post, wife rec'd from Connaught Collections a Statutory Demand for £3K+, I think re credit card in his sole name demanding action within 18 days.

 

Then, also by normal post, letters from Belmont Finance demanding £350 and a day later from Revenue Collection Services demanding the same amount PLUS 25% PLUS £22 charge for "receipt of this letter". Again his debt in his sole name.

 

Friend cannot raise finance from house equity as joint names on deeds and mortgage, so she can't pay off what he owes from his share.

 

Any suggestions please as to how to handle the Stat'y Demand and the smaller (and rapidly rising) demands. She wants to protect herself from these and any other debts that may turn up and not risk her own credit rating or her home.

 

Help much appreciated.

 

Slick

[slick132]

Quick afterthought while awaiting (hopefully) a reply.

 

As these debts and subsequent demands are solely in the husband's name, is THIS the simple solution. To return the documents stating husband has left and whereabouts are unknown.

 

Would creditors still pose a threat to my friend's individual finances, particularly her home.

 

Would really appreciate a well-informed opinion.

 

Thanks, Slick

[tonycee]

As these debts and subsequent demands are solely in the husband's name, is THIS the simple solution. To return the documents stating husband has left and whereabouts are unknown.

 

Absolutely..

Assuming the debts are unsecured, and not charged against the property, the DCAs dont have a leg to stand on.

They will probably pester the address for ages, but this can be stopped at a later stage.

Dont send any docs back, they might be needed later for any harassment problems. Simply write, stating the facts, and ask them not to bother you again. They will probably take no notice, but she has nothng to worry about except a possible CCJ against his name at their property.

Good luck.

[make them aktiv runners]

They will probably take no notice, but she has nothng to worry about except a possible CCJ against his name at their property.

A CCJ will only appear on his record but it WILL affect her credit score. Credit scores take financial associates into account, and unfortunately the mortgage will prevent her from removing the association to him.

 

Also, how safe is the home? One is a stat demand that could technically lead to an actual bankruptcy petition, any CCJ's can result in charging orders being obtained.

 

He will continue to benefit from proceeds of not contributing to the mortgage due to them being married. Your friend needs to divorce him & have a final financial settlement to get him off the house.

[tonycee]

A CCJ will only appear on his record but it WILL affect her credit score. Credit scores take financial associates into account,

 

Any CCj will appear against HIS registered address and not just his record.

His address, IS his record..

There is NO SUCH THING as a credit score, only a credit assessment, credit scoring is a terminoligy used internally by financial institutions when assessing a potential candidate for said credit.

A "Score of 789 with one company, might be 66 million with another.

[gizmo111]

I suggest that your friend sees a solicitor asap to sort out finances.

Very good advice can be sought on Divorce: ondivorce for friendly community support which wil lsave a lot of money. I would also recommend the which guide to divorce which costs around £10 from WH Smiths.

The wife left behind cannot lose her share of the house in bankruptcy if the SD goes ahead, but it could make the settlement difficult, and prolonged.

[slick132]

Thanks very much for your replies.

 

May be difficult in practical terms to address divorce when he's left no contact details. Perhaps a search (investigation) for an address abroad is the next step, so formal contact can be made and documents served when necessary.

 

Would Connaught or others be satisfied with a new but overseas address.

 

Many Thanks, Slick

[tonycee]

Would Connaught or others be satisfied with a new but overseas address.

 

They would have no choice mate. As long as the debts are not secured against the property, the problem is theirs, not hers.

[slick132]

Replies sent to Connaught and other DCA to explain husband has no connection with this address.

 

See how long that works. Slick

[slick132]

Back with update.

 

Friend has still heard nowt from husband who left (probably for France) in April. No phone call, text, letter - nothing. Police said he's alive and well but not disclosing any more.

 

She's still regularly getting DCA's chasing for various debts left by husband but has heard no more from Connaught re their Stat't Demand (Good) !

 

Any ideas please to stop constant letters from Revenue Collection Services in Sunbury on Thames. They continue to harass regularly depite being told MANY times that husband has gone, and left no forwarding address.

 

Thanks, Slick.

[rory32]

How about a complaint to TS Slick. Has she made an official complaint to Revenue Collection Services as well?

[slick132]

Hi Rory and thanks for prompt reply,

 

Local TS or DCA's TS - tell me which and I'll draft letters.

 

She's written to RCS several times repeating that OH has left. How does she make official complaint to them.

 

I reckon OFT Debt Coll'n Guidelines may apply. Perhaps 2.4(f); 2.8(a) and 2.8(k),

 

Should she write to OFT and RCS quoting these sections.

[rory32]

She just need to complain to her local TS, if they decide it should go to the DCA's TS they will forward it. If she just heads up the letter to RCS as OFFICIAL COMPLAINT and explain what she wants as her resolution e.g. an apology and for them never to contact her again. They have 8 weeks to resolve this or give a reply, if the reply isn't satisfactory or they don't reply at all within the 8 weeks she can refer the matter to the FOS who will fine them as well as look into the complaint for her.

[The GodMother]

Is there a possibility that the company he worked for has forwarding details as he would need a job.

 

Also I think the police may give his address to a solicitor for divorcee papers to be served.

[slick132]

Rory - Many thanks and I'll draft letters for my friend.

 

The GodMother - Very interesting. She can do NOTHING to regain control of her present finances because of joint mortgage and home ownership. The police said, at the time, they could not disclose any info other than OH was alive and well - not even which police force (in France we assume) had reported back to UK police.

 

May I ask, are you guessing, speaking with authority, or from experience.

 

She needs a way to move on from here.

 

Slick

[The GodMother]

a bit of both Slick.

 

I had a problem with a ex husband who kept moving when i was trying to serve divorce papers i had a mobile number and got the police to ring. They were fully aware of what was going on but they said that a friend of his who he had been living with had reported him missing.

 

As a result i got my divoce threw exactly 1 year ago after spending 4 years chasing him. It will be 1 year one Dec the 1st. The police advised him they ahve post for him, whcih they did, and it needed passing on as it looke like bank statements etc. He gave them his address they passed it to my solicitor.

 

I would also advise that if he had any regular contact with family members that all mail is diverted to there adress as maybe a result of that you might be able to track him. as he is more than likely to ring the solicitor advising his new address.

 

Is there also a possiblilty that he has come back to the uk and is just living in another area?

I would contact the CAB and ask them about tracking ppl they have a pack of information which may help. It gives you a list of ways that you can trace the person. One is threw the DWP and his National Insurance Number. There are a whole list of ways in this pack which may help you help your friend.

 

Good luck you will eventually get there.

[slick132]

Hi Godmother,

 

Thanks for your input.

 

I don't know if this would work re police as I'm sure he will be abroad and probably in France - he is French and was working there for the last year or two.

 

I think she may have to resort to paying for a French private detective to find his address. He has no family in the UK either.

 

Slick

[The GodMother]

Oh well thats all my good ideas. Still you may be able to get help of the CAB as they might be able to advise for overseas searches.

[slick132]

Letter ready to go Monday, as follows:-

 

Revenue Collection Services

TW16 7WJ 3rd December 2007

Dear Sir or Madam,

OFFICIAL COMPLAINT

Husband

Membership to Steroid Fitness Club

My Complaint - I have received yet another letter (making 5 in total) from you, dated 19th November, despite replying to your previous letters. My husband left me back in April and has no connection with this property.

In my last letter, I said, “If you write to this address again and continue to harass me, I will write to the OFT to complain that you are operating contrary to specific OFT Debt Collection Guidelines.”

Official complaints are now being sent to the OFT and to Trading Standards.

I require - written confirmation that you will stop sending these debt letters to my address immediately.

If you fail to comply - I will refer this matter to the FOS which will result in your company being fined as well as my complaint being fully investigated.

Yours faithfully,

[Hippy-chick]

Looks good to me.

 

As ever, send it recorded so you have proof of delivery.

[The GodMother]

Blunt and straight to the point just how l like to see.

[tomterm8]

is it worth going to a no-trace no fee tracing agency, and trying them? It's quite possible he is still in the UK.

[The GodMother]

well tom

 

In a previous post it did say he was French and most likely to be in france as that is were he had been working.

 

Just one other thing.

 

What about bank statements and cc bills. Is he still using the bank account he had at the house and is anything like bank statements and cc bills still coming to the house as they would be able to help you.

[tomterm8]

well tom

 

In a previous post it did say he was French and most likely to be in france as that is were he had been working.

 

Just one other thing.

 

What about bank statements and cc bills. Is he still using the bank account he had at the house and is anything like bank statements and cc bills still coming to the house as they would be able to help you.

 

yeah, but the thing with a no-trace no fee agency is if they don't trace, no fee;)

 

Got to be careful you specify he is not at XXXX address.

[slick132]

Hi and thanks for on-going input.

 

We are pretty sure he is NOT in the UK. He was working in France when he went back there after time off at Easter and has not been heard of since.

 

I wonder if the no find, no fee thingy would extend to searching France.

 

A couple of pay'ts were made using wife's CCard when he left after Easter but nothing at all since.

 

His bank have been chasing re debts he left but no money has been paid into or spent from his a/c.