Or wants money from family please help

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  • BoGoF
    BoGoF Posts: 7,099 Forumite
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    Where did the money come from to pay your dad?
  • Darrenm325
    Darrenm325 Posts: 33 Forumite
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    I sold a property had a small amount of equity so I payed my dad and I payed a back street lender
  • sourcrates
    sourcrates Posts: 28,885 Ambassador
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    Darrenm325 wrote: »
    Is there any thing I can do to help Dad at all

    Follow the advice given by Debt Doctor above.

    These things can always be challenged.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • silvercar
    silvercar Posts: 46,967 Ambassador
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    Darrenm325 wrote: »
    Is there any thing I can do to help Dad at all

    You can advise him on what to reply to the enquiries.

    It is important that he doesn't agree and return the money and that he doesn't ignore the letters. If necessary draft a letter for him to send.
    My dad has made clear that any money he has to pay I will have to repay and tbh I don’t blame him

    You won't be in a position to do that for a while and even if you were, it is against the bankrutpcy terms that you make him a preferential creditor. You need to get him to understand that you paid him back in good faith and that he needs to fight this with your support. United you win, divided you fall etc.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Darrenm325
    Darrenm325 Posts: 33 Forumite
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    sourcrates wrote: »
    Follow the advice given by Debt Doctor above.

    These things can always be challenged.

    Thank you I have just rang c&w and the or office they won’t discuss with me so I will try to call my dad and get him to give them a bell
  • Darrenm325
    Darrenm325 Posts: 33 Forumite
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    silvercar wrote: »
    You can advise him on what to reply to the enquiries.

    It is important that he doesn't agree and return the money and that he doesn't ignore the letters. If necessary draft a letter for him to send.



    You won't be in a position to do that for a while and even if you were, it is against the bankrutpcy terms that you make him a preferential creditor. You need to get him to understand that you paid him back in good faith and that he needs to fight this with your support. United you win, divided you fall etc.

    Not really talking to me ATM
    I will try to call again later as I think your right we need to work together
  • Darrenm325
    Darrenm325 Posts: 33 Forumite
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    debt_doctor wrote: »
    Hi,


    The first letter is a fishing exercise. Clarke Wilmot send out a letter asking for the money back - and if they get it - they says thanks very much.
    If they receive a reply that says I haven't got the money any more then the IS have to weigh up whether it is worth paying CW to pursue the case. Actually £5K was previously the threshold below which it was not considered viable to take the case forward past the original demand letter, but since CW got the recovery contract back from Moon Beever, they do recoveries on a no win no fee basis.
    This means that the risk of being out of pocket has shifted from the IS to CW, so now CW have to weigh up the likely hood of recovering the money and getting their fee paid.


    First response needs to be from dad saying that he doesn't have the money - or only has some of it. Repaying say, £1500 could well make the difference between recovery action or not, but in the first instance a letter stating that he doesn't have the money.


    I don't know dad's circumstances - does he own a house? Does he have a high income?


    Any letter should say that the money was lent and repaid in good faith, (possibly that bankruptcy was not being considered at the time) and that the money has been spent on normal household expenses.


    If dad does not have much in the way of spare income it needs to be stated. In particular if dad claims any means tested benefits this should be stated.


    The IS via CW will always hold the "we may take action through the court" above you (just like IPA's) but it always has to be viable.


    Things not to do are to borrow money from people who charge a fortune and assault you if you don't pay. Does you dad really want you to do this?


    Your dads credit rating cannot be affected by this unless it becomes the subject of a court judgement.


    DD.

    A update my dad has rang and spoke to Clark and wilmot today they are saying that he has to pay the full amount
    So my morning has been a very stressful one to say the least
    Is it worth me or my dad ringing the OR to try and sort this
    It has come to the point now where things are getting a little nasty between me and my dad
    I need some ones help elce things are going to get a lot worse
  • fatbelly
    fatbelly Posts: 20,502 Forumite
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    Hi - me again

    That was always going to be the response from them to a phone call. And if you ring the OR they will just say to talk to CW.

    What he needs to do is send a letter, not saying he won't pay but that he can't pay, or at least can't pay all of it.

    It may be helpful if he can send a financial statement with it. As DD said they will be having to weigh up whether it is worth getting a court order against him. He may be able to get help from CAB or if you want we can have a look at the letter. PM one of us if there's identifiable detail in it.
  • Darrenm325
    Darrenm325 Posts: 33 Forumite
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    fatbelly wrote: »
    Hi - me again

    That was always going to be the response from them to a phone call. And if you ring the OR they will just say to talk to CW.

    What he needs to do is send a letter, not saying he won't pay but that he can't pay, or at least can't pay all of it.

    It may be helpful if he can send a financial statement with it. As DD said they will be having to weigh up whether it is worth getting a court order against him. He may be able to get help from CAB or if you want we can have a look at the letter. PM one of us if there's identifiable detail in it.
    fatbelly wrote: »
    Hi - me again

    It a court order is made I deffo won’t get my invite for xmas (joking aside) I think he may offer to pay £1500 witch I will have to repay him once my bankrucpty has ended
    This is becoming very stress full
  • silvercar
    silvercar Posts: 46,967 Ambassador
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    fatbelly wrote: »
    Hi - me again

    That was always going to be the response from them to a phone call. And if you ring the OR they will just say to talk to CW.

    What he needs to do is send a letter, not saying he won't pay but that he can't pay, or at least can't pay all of it.

    It may be helpful if he can send a financial statement with it. As DD said they will be having to weigh up whether it is worth getting a court order against him. He may be able to get help from CAB or if you want we can have a look at the letter. PM one of us if there's identifiable detail in it.

    I agree with this.

    DAD NEEDS TO SEND A LETTER.

    Requoting some of Debt Doctor's post:
    First response needs to be from dad saying that he doesn't have the money - or only has some of it. Repaying say, £1500 could well make the difference between recovery action or not, but in the first instance a letter stating that he doesn't have the money.


    I don't know dad's circumstances - does he own a house? Does he have a high income?


    Any letter should say that the money was lent and repaid in good faith, (possibly that bankruptcy was not being considered at the time) and that the money has been spent on normal household expenses.

    My bolding.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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