Can I consolidate debts of husband if he is unable by using power of attorney?

purplefiona

Unfortunately I don't think any of the debts are statute barred as his mum has been making small payments sporadically. However, I will ask them to stop phoning up. And the insurance mis-selling point is a good one, too. God knows when that particular card was applied for, its getting the information thats hard.

If I only knew... what is it, ten grand? five? four? a couple of hundred on each one? how many cards? do they all have insurance? Wil his mum pay it off forever or will the ring binder get given to me on my wedding day? What a dreadful thought. SO many unanswered questions

RAS

purplefiona wrote: »

What is a CCA letter? Is it what you've put there above? -

no you have a telephone letter, although I edited it to include the sentence on not ackowledging debt, and the link to the statute bared debt rules

Brilliant advice. I was feeling quite hopeless this morning but you guys have really cheered me up

I thought may be you had enough to get on with with this lot.

As a strategy i would suggest

1. Read up on stuff. If he cannot talk, would BF be able to communicate on-line? If that is not possible, get him to read stuff on-line. Once he knows it is not hopeless, he may find it easier.

There is a debt remedy on the CCCS web-site that he can lay with and four of their staff come on here regularly, so they can provide on-line advice. We also have several CAB workers, court employees, a bailiff specialist and benefit advisors who post regularly.

2. Stop mum making payments and answering the phone on his behalf . it does not help.

3. Send out the telephone letters, recorded delivery.

4. If any of the debts have not been paid for more than 6 years (5 years in Scotland) send the statute barred letter.

5. Send all the other CCs, Catalogues and Loans the CCA letter.

6. At this point, when you know the extent of the situation, get proper independent advice from a debt charity/

purplefiona

Thankyou. I think that I might go for DMP with National Debt Helpline. I can definetely see him being able to pay me £100 a month (ish) to clear this up- just so long as the direct debit that actually pays it is not going out from his account.

Good strategy. I will see if he picks up on the sites I've bookmarked rather than talking about it directly. Trying to talk about it seems to completely destroy him.
He is fond of the half price pizza vouchers so perhaps he might even read a bit of MSE one day.
I guess I can dream.

purplefiona

peb wrote: »

I think we've got off on a bit of a read herring here - apologies purple fiona.

I don't think any form of attorney is worth while - as RAS says there may be other solutions, if his mother has been paying dribs and drabs then maybe he still has not acknowledged the debt so maybe the Statute of Limitations may apply? Just a thought.

Good luck whatever you decide.

Oh I see-just re-reading trying to cheer self up- if his MUM has been paying then HE has not acknowledged the debt. Aha! well that is worth following up.
Thanks!

RAS

You need to send the relevent creditors the letter below, registered post with a £1 postal order.

Usually we would say do not sign, but if you sign, it does not matter.

Once you do this they are breaking the rules if they continue with any action against you, without providing the CCA

They have 12 working days plus 2 days to allow for postage before they are in default.

30 days after that, they are breaking the law if they try to pursue you for the debt. Some DCAs tend to be a bit slow realising this, but if they went anywhere near a court without the CCA, it would be thrown out.

EDIT

take the last para out if it does not apply.

And if they carry on after the 12+2 days is up, then I would suggest you start complaing to the OFT and the trading standards.

Letter below

Dear sirs

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 20 December 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



Yours faithfully

RAS

purplefiona wrote: »

Oh I see-just re-reading trying to cheer self up- if his MUM has been paying then HE has not acknowledged the debt. Aha! well that is worth following up.
Thanks!

Not sure if that will wash but you can ask National Debt line, as long as she was not a joint signatory on his account?

RAS

purplefiona wrote: »

Thankyou. I think that I might go for DMP with National Debt Helpline. I can definetely see him being able to pay me £100 a month (ish) to clear this up- just so long as the direct debit that actually pays it is not going out from his account.

Hi I know it is really really tempting to fix it all for him, but first see if he can take little steps on-line for himself.

There are a lot of people on here with big mental health issues and even if he cannot post himself initially, he might get enough succour to be able to work with you. Even if it is writing you a little note to say it is OK to send out the telephone letter or something.

You really have to take it little baby steps at a time.

purplefiona

RAS wrote: »

Hi I know it is really really tempting to fix it all for him, but first see if he can take little steps on-line for himself.

There are a lot of people on here with big mental health issues and even if he cannot post himself initially, he might get enough succour to be able to work with you. Even if it is writing you a little note to say it is OK to send out the telephone letter or something.

You really have to take it little baby steps at a time.

I think you are right. He absolutely wont speak about it and neither will his Mum. I guess that leaves me facing the fact that I'm shortly marrying a man with unknown debts and all I can do is trust that he loves me enough, that, once well enough, he will be able to face it. I must say that makes me feel very miserable though. I think I'm going to leave all my bank stuff registered at my parents address for credit record safety. Any other damage limitation suggestions?

sleepless_saver

There are people on this board with debts from £1000 to £100,000 and more. His debts could be anywhere on that scale. You do not know what the position is, and it is not fair to expect you to go into a marriage in those circumstances. It sounds like neither of them knows either, and mother is just managing each crisis as it comes along. In your own interests, you need to understand what you are dealing with. That means a thorough look at that ring binder and any other papers they are ignoring, after all once you are married these debts will be a major part of your life for an indefinite period, and will have a big effect on your relationship and your standard of living. The debt charities can help, but only once you know what the position is.

I don't mean to be pushy. I never usually post like this, but your description of the situation is sending warning bells ringing big time. Marriage is a relationship of trust and it seems to me that the trust is all one way at the moment.

purplefiona

sleepless_saver wrote: »

There are people on this board with debts from £1000 to £100,000 and more. His debts could be anywhere on that scale. You do not know what the position is, and it is not fair to expect you to go into a marriage in those circumstances. It sounds like neither of them knows either, and mother is just managing each crisis as it comes along. In your own interests, you need to understand what you are dealing with. That means a thorough look at that ring binder and any other papers they are ignoring, after all once you are married these debts will be a major part of your life for an indefinite period, and will have a big effect on your relationship and your standard of living. The debt charities can help, but only once you know what the position is.

I don't mean to be pushy. I never usually post like this, but your description of the situation is sending warning bells ringing big time. Marriage is a relationship of trust and it seems to me that the trust is all one way at the moment.

Thanks for being honest. I hear what you are saying. I have a year to sort it out in and I expect to move from accepting it towards talking about it and in turn towards dealing with it during that year. I will say as much to him, and, if it seems to need longer then it will take longer. Meanwhile I'm not going to set a dangerous precedent by paying off any of his debts and I'm going to ask to see the whole picture once he has had some therapy and once I've calmed down a bit about it. I've still got lots of choices.