Advice Please! Parents CC debt

quantumleap

Without giving the long story... my step father and my Mum are estranged but he continues to live in my Mum's house. We live in NI and he is English but has no family left in England so my Mum and him have come to an arrangement where he pays rent.

He has lost his job and has 6k on an MBNA credit card. He gets jobseekers of £240.00 per month and nothing else. He pays a reduced £150 per month rent, which is needed as my Mum works part time to care for my elderly grandmother.

I have helped him write to MBNA asking for reduced payments and they have asked for his SOA which has been provided. They have now asked for his partners SOA which he doesn't know and my Mum is not prepared to provide to him.

She knew nothing of the CC debt until he became unemployed and she has no idea of what the money was spent on and she does not want to be associated with it in any way.

How should we proceed? Any advice greatly appreciated.

Thank you.

Happytogetdebtfree

Hi welcome to the boards, im not very good on this but surely if he is not with your mum and she is not on the credit card then they will have to accept his soa maybe you should write back and explain this is the only soa you are providing because you are no longer in a relationship and therefore are now just a tennant... therefore you would like a payment arrangement made ??? hopefully someone else will be along who knows more about credit cards

quantumleap

Hi HTGDF,

These are my thoughts. I can see no reason why she should allow this and I can see no reason why they would insist on it. The card is his, taken out by him based on his income alone.

Happytogetdebtfree

in a nutshell companys dont like to think they have to wait for money so maybe they think if he was in a relationship the partner should assist in paying, it would be wise to write and inform that he is single.... therfore this is the soa and can they offer any help with payments ?? ie reduce the minimum payment ??

quantumleap

Happytogetdebtfree wrote: »

in a nutshell companys dont like to think they have to wait for money so maybe they think if he was in a relationship the partner should assist in paying, it would be wise to write and inform that he is single.... therfore this is the soa and can they offer any help with payments ?? ie reduce the minimum payment ??

I will help him compose a letter explaining this. I guess my onlt concern is that he is not officially single, they are still married but just living seperate lives under the same roof. Its an odd arrangement but it works for them and at the end of the day the house is my Mums, he has no association with it.

10past6

Hi Quantum

Get him to send the following letter by recorded delivery, this will have 3 benefits

a) Raise a dispute on the account, which prevents the Creditor / DCA from taking any further action

b) Give him some breathing space

C) If no CCA is produced, then it's down to your step father how he wishes to proceed:

Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number XXXXXXXXXXXXXXXXXX

With reference to the above agreement, I would be grateful if you would send us a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

ONLY PRINT - NEVER SIGN YOUR SIGNATURE.

quantumleap

thanks 10past6

is it advisable to send this letter whilst he is waiting on MBNA making a decision whether to accept reduced payments. Clearly he wouldn't want to annoy them into making a negative decision.

shinyhead

Hi,

1. It's his debt alone and MBNA should not be asking for anyone else's SOA.

2. A CCA request is fine as long as the agreement is pre-April 2007. Do you know when it was taken out? A CCA request is a legal right and can be done anytime so it shouldn't upset them. If it's pre-2007 and they can't find one then MBNA might be more ready to accept the payments.

3. Has any thought been given to contacting a debt charity such as CCCS? Given the circumstances if they get involved it could help his case as it would show that he is serious and they may accept his payments more readily.