If I marry, will I be liable for his debts?

MrsTinks

bookduck wrote: »

Sorry I disagree. The previous owner of the property let a room to a tenant who two or more years ago defrauded X and somehow B? bank lost money. The two other tenants with different names and different sex had their cash cards canceled and were asked to move their accounts. Since their English was very poor I had to contact the bank on their behalf and found that they had literally a 'mark' against their names (this just slipped out under the chaps breath).

It is the same for one of the services as well but can't remember which - found this out the hard way.

The property they live in is leasehold. The previous owner had an outstanding amount on the property. Me being the new owner I was liable for his 3 year old debts, even tough mine were clear. If I refused to pay they could legally reposses my property.

Actually you're NOT liable for his debts... who told you they could reposses your house if you didn't pay his debts??? Any creditors should be chasing the previous owner for the debt and not you (athough I can assure you it doesn't stop a lot of people trying to get the money from anyone they can whether or not they legally could/should.

Regarding the 2 tenants then this action by the bank would be unfair and should have been challenged. They also need to check their credit rating to make sure that no connection between their records and that of the previous naughty tenant has been made. If it has they have to get it removed and the credit referencing agencies should do this once they prove they are not financially connected. ie NO joint financial products.

mspig

My husband had a bad credit rating when i married him, then when i applied for a credit card and got turned down i got a credit report from Experian that stated at the top soemthing like,

Mrs S

---

G

---

had a financial link to Mr S

---

G

---

and to check his credit file first.

At the time we didn't have a joint account or mortgage etc, but they must have there ways of knowing that you are linked.

bookduck

Sorry MrsTine, OK in principle I agree one is not liable, but I still disagree because it will still effect you and in a big way.

having looked at bailiff's procedures, I believe once you allow them access into your house, they are at any time able to enter through an 'open window', door enter any/all rooms and repossess items even if you are not there.
********
Southwark council as part of their leasehold agreement put in clauses when if payment is not met, repossessions will take place - they gave me three weeks to come up with £1500. This did go to my my solicitor and the advice was to pay asap as once leagal bill enter into the picture, cost spirals. Then take the previous owner to the small claims court.
*******
You are right about the tenants, and I'm sorry I mislead you a bit. I will try to put their situation forward in the correct manner. Actuality what B bank said they had now changed it's terms and conditions. Their cash card and direct debit facilties had been withdrawn and they most go to the bank branch with two forms of ID to withdraw money. The computer flagged up their account as incompatible with the new terms and they were not able to accept them as customers or issue checking or card facilities.
I think one was still able to withdrawer cash in person but the other had to close the account - Not sure anymore, but there were inconsistencies between the two girls.

When I phoned up and asked about these terms, customer service were not sure as 'the terms change on a regular basis' and they had no idea why the person was rejected then came the "Oh, the account has been flagged" and I was asked not to tell the girls this as it should not have been expressed to me.

They are both cleaners and the work each over 70 hours per week, plus they travel from center London and cover from Finchley to Raynes Park. The amount of effort to go to our local branch with ID etc They will be leaving the country next year and they are not really worried about a credit score.

I have delt with the girls for nearly two years and found them to be very honest, reliable and trustworthy.

Staciep88

I dont have any advice on this one - just wanted to say im in the same situation - my partner of 2.5 years is in debt of approx £7500 (which was racked up before I met him) but he keeps mentioning marriage and asking what engagement ring I want and has even got a chart so he knows my ring size!! And we are going on holiday to Majorca in 9 weeks and I think he 'may' ask then but I also dont want to be liable for his debts. I have no problem in helping him out but I dont want to owe £7500!

MrsTinks

mspig wrote: »

My husband had a bad credit rating when i married him, then when i applied for a credit card and got turned down i got a credit report from Experian that stated at the top soemthing like,

Mrs S

---

G

---

had a financial link to Mr S

---

G

---

and to check his credit file first.

At the time we didn't have a joint account or mortgage etc, but they must have there ways of knowing that you are linked.

In which case you need to contact Experian and ask for the financial accossiation to be removed - it's possible a company has done a joint search but that shouldn't affect you - if it HAS then you can get Experian to correct it. Just because it's on your credit record doesn't mean it's correct

MrsTinks

bookduck wrote: »

Sorry MrsTine, OK in principle I agree one is not liable, but I still disagree because it will still effect you and in a big way.

having looked at bailiff's procedures, I believe once you allow them access into your house, they are at any time able to enter through an 'open window', door enter any/all rooms and repossess items even if you are not there.
********
Southwark council as part of their leasehold agreement put in clauses when if payment is not met, repossessions will take place - they gave me three weeks to come up with £1500. This did go to my my solicitor and the advice was to pay asap as once leagal bill enter into the picture, cost spirals. Then take the previous owner to the small claims court.
*******
You are right about the tenants, and I'm sorry I mislead you a bit. I will try to put their situation forward in the correct manner. Actuality what B bank said they had now changed it's terms and conditions. Their cash card and direct debit facilties had been withdrawn and they most go to the bank branch with two forms of ID to withdraw money. The computer flagged up their account as incompatible with the new terms and they were not able to accept them as customers or issue checking or card facilities.
I think one was still able to withdrawer cash in person but the other had to close the account - Not sure anymore, but there were inconsistencies between the two girls.

When I phoned up and asked about these terms, customer service were not sure as 'the terms change on a regular basis' and they had no idea why the person was rejected then came the "Oh, the account has been flagged" and I was asked not to tell the girls this as it should not have been expressed to me.

They are both cleaners and the work each over 70 hours per week, plus they travel from center London and cover from Finchley to Raynes Park. The amount of effort to go to our local branch with ID etc They will be leaving the country next year and they are not really worried about a credit score.

I have delt with the girls for nearly two years and found them to be very honest, reliable and trustworthy.

Ok starting at the end... The girls (shame they're so far away I need a good cleaner!) - if the bank placed a "mark" against them then it's their right to ask for this information - if it's linked to a non-financially associated person then the bank has to remove it! No doubt they had other reasons to back up their actions but it COULD be the mark was unrelated to naughty tenant?

Back to point 2 - what was the previous owners debts for??? They had no right to chase YOU for it! I don't get why your solicitor advised you that they could and YOU should take the previous owner to small claims... That's definitely not right and if it had gone to court the judge would have thrown this out. Leasehold or not - a debt is the responcibility of the debtor not anyone who subsequently purchases any type of property off the debtor. Sure they can reposses a property - but only if the debtor is the owner.

Point number one - best place for advice on bailiffs is http://www.bailiffadviceonline.co.uk/
It's not as simple as "once they're in" - infact i believe you can write to them and advice them you deny them this right of access. They can also only take certain items and then they can only take what is owned by the debtor. ie make sure TV, computers, cars etc is paid for by the other party and keep receipts from the credit card etc to proove it and they can't touch it.
Bailiff law is so complex now that most bailiffs don't understand it...

bookduck

Staciep88, congrats in the impending engagement!

I hope for your sake that the £7500 decreases every month a good bit. when you are married. You may well end up have more chance drawing water in a sieve, than money from your account, especially if you decide to have a little ones and stop working as the options then become much narrower/stressful.

I believe they should teach financial responsibility is school, as it effects everybody the rest of their lives, more than the majority of any other subject learned

Staciep88

bookduck wrote: »

Staciep88, congrats in the impending engagement!

I hope for your sake that the £7500 decreases every month a good bit. when you are married. You may well end up have more chance drawing water in a sieve, than money from your account, especially if you decide to have a little ones and stop working as the options then become much narrower/stressful.

I believe they should teach financial responsibility is school, as it effects everybody the rest of their lives, more than the majority of any other subject learned

Thanks :-) Tbh, I dont think (after reading this post anyway!) that I would agree to set a date until the debt was a lot lower or even cleared. I'd say that each month the debt probs goes down by approx £450.00, its over 3 different loans/c.cards so its hard to say but 2 of them will be done soon and there will only be the one c/card of £4000 (current) left to clear. Hopefully he'll get his !!!! in gear and pay more off though!

bookduck

MrsTine wrote: »

Ok starting at the end... The girls (shame they're so far away I need a good cleaner!) ..

Very good cleaner actually!

Point 3: I asked the bank chap about this again later and mentioned data protection act he told me he had read the wrong thing, but knew he had not.

Back to point 2 - The council money was maintenance charge.

Point number one - best place for advice on bailiffs is http://www.bailiffadviceonline.co.uk/
It's not as simple as "once they're in" - infact i believe you can write to them and advice them you deny them this right of access. They can also only take certain items and then they can only take what is owned by the debtor. ie make sure TV, computers, cars etc is paid for by the other party and keep receipts from the credit card etc to proove it and they can't touch it.
Bailiff law is so complex now that most bailiffs don't understand it...

Thanks, Think I read this site as I was getting the bailiffs "We will be calling on Tues" for over a year later from 4 different bailiffs collection agencies. Then there are the parking summonses, Orange phone letters. Inland revenue. Plus a suspicious person knocked on my door asking to use the loo while looking around - when McD is only 300 yard up the road, "please supply a forwarding address" notices. Those red envelopes, those brown envelopes that have the return address along the lines 'money retrieval services'. etc When I read it last year is that I understood once you invite one in, he is from that moment on legally able access - if you are not present. Also if he has not been allowed access but finds and open door or window, then it is legal for him to be there and keep coming back as above. That was just my take from visiting quite a few sites. Think they only have to leave you clothes, toiletries, food, fridge, one chair, table and the cooker from memory.

MrsTinks

Are we working on the principle that the debt isn't yours here and not the OPs original post where the debt is her OHs?
If the debt isn't yours then there are letter templates you can send advising them that the debtor has in fact moved on and as they say "do one".
They CANNOT remove YOUR property for debt that isn't yours. If they do it becomes theft (and possibly breaking and entering). They also can't remove ANYTHING unless they have aready visited and actually made a list (which I ironically think you need to sign... don't quote me on that).

Maintenance charge - again you should only be responcible for this as of the date you became responcible for the property, not prior to this. Unless ofcourse you signed an agreement accepting all outstanding charges connected to the property at any point...

Point 3 - I think this is a toughie as there is no way of checking etc all the details as you can't get the information under the data protection act. So this one will always be very very theoretical - sorry