Father in a pickle

nads75

Well i just want to say a huge thank you to everyone who has helped me or supported me in this thread over the last few weeks. :T My father has had his appointment with the debt solicitor today and i feel like a huge weight has been lifted! She has taken on all the roles i was doing regarding contacting the company and she viewed the draft letters i was about to send of asking for data info etc. and said she will re-draft them as the law has since changed so i was nearly right.
She agreed that the house was definatly going to be repossed looking at the missed payments and that any debt outstanding once the house has been sold will e split. My dad being on benefits will now be insolvent so she will have to pay her half of the debt.
Regards the loans/credit cards she said if they produce a good signature then again my dad will be liable as ignorance is no defence (even if she forged it!) so again with no cash they will get written off. If the signatures are bad they will chace up her spending and what she bought with the monies but again the debt is in his name so will be written off! It seems you can borrow what you like in someones name, forge their signature then the pair of you deny it and it gets written off!!
Im off to borrow a hefty sum in my husbands name myself!

The letters in my fathers name will be redirected via the post office to my house so i can pass everything on to the soliciter (except for joint account letters) and that way my house does not become linked with any of the debt.

The soliciter said divorce will then have to follow but its all covered with legal aid. Thank god!

So she may not get punished for what she has done but i suppose at least my father is going to be ok, skint but ok. I am also applying for the CIFAS mark so that whatever she does for the next few years the debt will be linked to her via my father so may put off anyone lending to her? although saying that there is a new entry on my dads credit file saying she has recently applied for credit with vodaphone! only in her name but they must have looked at his record. Im not sure if they accepted her either but they prob did.

so unless anything else comes up now i hope i wont need your advice anymore. you are all great! I love this site
Nads.x

Rikki

Thank you for letting us know how things are progressing. I'm sure a great weight has been lifted from both your Dads and your mind. Everything crossed for your Dad and you.

Remember you can drop in here and offer others advice too from your own experiences as well as ask for advice. . So don't be a stranger.

RAS

Hi nads

Given the situaton, I would suggest that your father talks to one of the debt charities as well http://www.moneysavingexpert.com/loans/debt-help-plan#help. They can advise over the phone.

It may be that his best option in the circumstances is to go bankrupt. That would mean that his ex becomes fully liable for all the joint unsecured debt.

Regards the loans/credit cards she said if they produce a good signature then again my dad will be liable as ignorance is no defence (even if she forged it!) so again with no cash they will get written off.

Am mt not sure that stands. That is where talking to the police again might come into it.

If the signatures are bad they will chace up her spending and what she bought with the monies but again the debt is in his name so will be written off!

I think the issue is that without the signed CCA, they cannot enforce the debt - so if he evidently did not sign it, they have no proof who else signed it, so cannot chase anyone.