Mum's Debts

[Wikkitt]

Hi

 

Just wondered if someone could give me some advice.

 

Is it still law that a husband is responsible for his wifes debts?

 

My mum has some debts in her name, she gets her pension and pension credits, my dad is on disablity living allowance. She has been told that his money must be added to hers in the income and expenditure form, he has his own bills (in his name) to pay.

 

Does she have to include all his money and list his bills in the income and expenditure form? or does he give her some of his money towards the house keeping only and he pays his own bills with the rest.

 

Can anyone help please

 

Wikkitt

[rory32]

Is it still law that a husband is responsible for his wifes debts?

 

No.

My mum has some debts in her name, she gets her pension and pension credits, my dad is on disablity living allowance. She has been told that his money must be added to hers in the income and expenditure form, he has his own bills (in his name) to pay.

Completely untrue. Your dad has no liability for your mothers debts and your mothers income and expenditure is purely based on her income and expenditure. I assume you were told this by a DCA?

[Wikkitt]

Hi Rory

 

Yes she was, every 6 months she has to send Drydens photocopies of all her debts/bills etc, how much she owes and how much she pays to them, they have a charging order on her and my dads home, she also has to send them photocopies of the letters from the benefit agencies.

 

Thanks

 

Wikkitt

[rory32]

I have moved your thread to a more approptiate forum. How did the charging order come about and what type of account was it?

[Wikkitt]

Hi

 

It is a credit card debt and the order was put on the house a couple of years ago, she couldn't pay and they sent her a letter saying they were taking her to court and applying for the charging order on her house, she sent all her papers to the court including my fathers but the court agreed with Drydens and the charging order was put on.

 

She owes them about 2k and if she falls behind With a payment or doesn't send the details they ask for, they say she will have to sell the house to clear her debt.

 

She isn't worried about that because she dosen't think a court will inforce this for such a small amount.

 

Wikkitt

[rory32]

She owes them about 2k and if she falls behind With a payment or doesn't send the details they ask for, they say she will have to sell the house to clear her debt.

Are the payments set by the court or the creditor? Are there any charges e.g. late payment fees that your mum could claim back on the account?

[Wikkitt]

Hi

 

Set by the creditor.

 

Once they have looked at her paperwork/ income and expenditure form, if she has any surplus they ask her to increase her payments.

 

They also want to know when her mortgage finishes so that they can take more money from her.

 

As far as I know she hasn't had any charges/late payment fees added to this.

 

Wikkitt

[rory32]

As far as I know she hasn't had any charges/late payment fees added to this.

 

I would be almost 100% certain that there are charges on the account. How old is the account and when did they get the charging order on the property? Do you know what the judgement was against them for the charging order and the CCJ? This is important.

[Wikkitt]

Hi

 

the charging order was put onto the house in 2003, the court said this was to protect the claiments monies and that the only extra charge would be the court costs, no other charges/interest must be added to the amount.

 

It stated that the payment should be sent on the 16th of each month and the amount each month would be arranged between the claiment and debtor.

 

Wikkitt

[nuke em]

Another example of using a Charging Order to convert an un-secured debt to a secured one. An Outrage!

[moggieb]

Think this may have also happened to my son. Unsecured loan with Northern Rock transferred to Evershed-now secured. Evershed now have a charge against his property.

[nuke em]

Think this may have also happened to my son. Unsecured loan with Northern Rock transferred to Evershed-now secured. Evershed now have a charge against his property.

 

 

You mean NRock have a charge against the property, Eversheds ere the acting Solicitors. Did your son keep up payments? or, then, defend the application in court?