80 yr old with £19,000 credit card debt - HELP!

sgt.tibbs1977

She could have a number of options, especially if she has no estate.
She could look to challenge the legallity of the agreement, but do not pay for this, it is easy to do and once you have obtained the signed agreement the CAB will check it to see if it is correct.
She could ignore it, after six years the debt will become statute barred, however, she takes the risk that a CCJ could be obtained in the meantime, and plus she will have to endure the creditors presuring her.
She could attempt to get a consolidation loan or a credit card with a lower interest rate which will make repaying the debt easier, be sure to cut up any old cards!
She could consider a debt management plan, as stated above, if she has no estate then when she dies the debt will be written off, be sure to get further advice on this if the creditors try to pursue the next of kin.
Again, if she does not own anything now then insolvency may be an option, however, the various forms of insolvency do either have repercussion or require the debtor to fall into certain categories.
She should contact a money adviser or debt adviser at her local advice agency for further info on these and any other options she may have.
And in respect of creditors should be paid at all costs, these companies make millions out of vulnerable clients such as your mother so should be held accountable for their actions ie, loosing their money and the OFT revoking their credit licences!

BROADSWORD_2

Any loan unsecured or not can be retrieved by obtaining a bankruptcy order from a judge against any assets a debtor may have.
This will also apply to the 80 year old lady who has a credit card debt.
Please martin can you confirm that the above

never-in-doubt

BROADSWORD wrote: »

Any loan unsecured or not can be retrieved by obtaining a bankruptcy order from a judge against any assets a debtor may have.
This will also apply to the 80 year old lady who has a credit card debt.
Please martin can you confirm that the above

But it wouldn't happen, 80 years old or not. Unsecured simply means they cannot take your house, but even that isn't so anymore. However, at 80 years old no judge would enforce this action.

p.s. Martin doesn't actually come in and respond to people on the forums LOL :rotfl:

sgt.tibbs1977

BROADSWORD wrote: »

Any loan unsecured or not can be retrieved by obtaining a bankruptcy order from a judge against any assets a debtor may have.
This will also apply to the 80 year old lady who has a credit card debt.
Please martin can you confirm that the above

Whilst a creditor can go down the bankruptcy route where there are debt of over £750.00 it is unlikely that they will do so as non-priority credit debt is paid last from the bankruptcy estate and is therefore likely to not get paid at all.
It is more likely that the creditor will attempt to obtain a County Court Judgement (CCJ) after which if the debtor still does not make an arrangement to pay back the debt the creditor can ask for enforcement options to become available, this included securing the debt against any property via a charging order, however as the debtor in this case does not own any property then it is more likely that the creditor would ask for a Warrant of Execution, which allows bailiffs to go out to the property (never let a county court or council tax bailiff into your property), an Attachment of Earnings Order, which can be taken from wages, SSP or a occupational pension, and the not so often used Third Party Debt Order, which would freeze any accounts the debtor has and allow the courts to remove money from them.

sgt.tibbs1977

never-in-doubt wrote: »

But it wouldn't happen, 80 years old or not. Unsecured simply means they cannot take your house, but even that isn't so anymore. However, at 80 years old no judge would enforce this action.

p.s. Martin doesn't actually come in and respond to people on the forums LOL :rotfl:

Judge would have no option, it is the law as set out by the Civil Procedure Rules.

never-in-doubt

sgt.tibbs1977 wrote: »

Whilst a creditor can go down the bankruptcy route where there are debt of over £750.00 it is unlikely that they will do so as non-priority credit debt is paid last from the bankruptcy estate and is therefore likely to not get paid at all.
It is more likely that the creditor will attempt to obtain a County Court Judgement (CCJ) after which if the debtor still does not make an arrangement to pay back the debt the creditor can ask for enforcement options to become available, this included securing the debt against any property via a charging order, however as the debtor in this case does not own any property then it is more likely that the creditor would ask for a Warrant of Execution, which allows bailiffs to go out to the property (never let a county court or council tax bailiff into your property), an Attachment of Earnings Order, which can be taken from wages, SSP or a occupational pension, and the not so often used Third Party Debt Order, which would freeze any accounts the debtor has and allow the courts to remove money from them.

Excellent way to describe it - thanks!

My point though, kinda remains - but same as what you said - in that although they can do all these things it is unlikely any will occur. Bear in mind an 80y.o cannot have deductions to material living expenses due to unsecured debts.... therefore an attachment of earnings cannot take place (as an attachment will not go onto a pension) and to be honest, any judge worth his salt will simply refuse to act - in that the likely event the lender decides to pursue it, they are only going to issue a default - thats about the worse case scenario.

never-in-doubt

sgt.tibbs1977 wrote: »

Judge would have no option, it is the law as set out by the Civil Procedure Rules.

Yes you're right but all judges (remember this is civil courts) can still use judgement before making judgement. I would guarantee that most judges in the land wouldn't go that far and the fact that an 80yo got this money with no income deems it immediately apparent towards mis-selling so tbh i'd just not worry and stop paying, and send all mail back as 'unknown at this address'.

Kinda called taking my chances - i'd be saying that if it were my M-i-L that's for sure.

Andy_Ches

never-in-doubt wrote: »

p.s. Martin doesn't actually come in and respond to people on the forums LOL :rotfl:

classic! :rotfl:

never-in-doubt

Andy_Ches wrote: »

classic! :rotfl:

true though matey

sgt.tibbs1977

Was he really talking to martin lewis? I thought he was joking!?! Haha!