Debt Advice please

TRINKAFIVE

Hi, I've just registered but have been visiting for some time and it seems that people get really good advice with this site. I'm looking for some help and advice please.

I have debt problems. I live in a council house and am behind on my rent and council tax by one month. I also have debts which I referred to a debt management company in July last year. They agreed amounts to be paid to the companies I owed. I pay them a set amount every month and they pay who's due.

Anyway, over the weekend I received a letter from a Debt Manager with the words 'NOTICE OF LEGAL PROCEEDINGS' at the top of the letter. The amount is for £500. I have e-mailed them and referred them to the debt company who take care of my debts for me as they have been paying everything every month and they have told me that any letters or phone calls I get should be referred to them.

I am panicking though.

Apart from this, I live with my husband who gets a very good monthly salary but only gives me a certain amount each month, which is enough to pay for food for a month and that's it. My wages go towards my debts, rent, council tax and anything else needed for the house. To top it all, my daughter is pregnant and both she and her boyfriend live with me, along with my son, who does not even have a bedroom! My daughter is due her baby in a couple of months time and what should be a great time is just giving me more stress. I paid for her pram as she has not got a great wage which is why I'm behind on my rent. My husband is aware of this and has money in his bank but is doing nothing.

And also, my gas bill of £200 hasn't been paid yet as I do not have a penny in my purse.

I had to ask my husband for £100 last week to last me to payday for food for us all, which he gave me, but which he will then deduct from the money he gives me at the end of the month.

Should and can I declare myself bankrupt?, and will his income be taken into consideration even though he keeps more than half of his wages to himself each month? Also, I live in Scotland so I know the laws are different here.

Please help anyone who can. And apologies for long post.

sniggings

sorry but its not debt advice so much you need but marriage counseling,if you do go BR but as yet without all the details we are unable to tell you that,it is very likely that you will get into more debt and problems if you can't sort out your marriage,and one thing to keep in mind that if any of your debts are joint debts with your husband then if you go BR he will then have to pay.

TRINKAFIVE

Hi Thanks for reply

None of my debt is joint and I know that marriage is a sham. But I feel I need to stay in marriage until I try and get debt sorted out. I know husband only gives me a certain amount of money a month but at the moment I need this money. Ideally, I would leave but need to sort debts out first.

Also, with my daughter expecting, I have to keep a lot of how I feel to myself as obviously I don't want to upset her.

I just wondered if my best way forward was to declare myself bankrupt or to persevere with marriage and clear debts off. No-one to turn to really.

sniggings

are your debts over £15,000? ringing a debt help line is part of the BR process and you have to have done that before going BR,CCCS ,CAB and DEBTLINE are all good ones to use and are free,give 1 a ring to make an appointment they will talk through all your options and you can give them all your details of income and debts and while you wait for your appointment ask questions on here,but first you need to give as many details of income and debts as you can.

Merry_Gentry

You need to get some advice from the CAB or National Debtline. You also need to look into what benefits you might be entitled to for your daughter, etc. Unfortunately, based on the information you have given us above it's extremely difficult for us to give you financial advice - it all depends on what you owe where, and how you are spending your money at the moment.

kissjenn

Is the house in your name only?

Council tax should be in joint names as you both live there, therefore half of the arrears are his.

Have you completed a Statement of Affairs? It can be found on the Debt Free Wannabee thread. You may in fact get more of the advice you need now over there and if you do decide bankruptcy is for you come back here.

They're a friendly bunch and if you post you SOA they'll give you loads of ideas for saving money from your bills and maybe paying off the debts rather than going BR. That would give you more options in the longer term if you do decide your OH should leave YOUR house (assuming it's yours until you tell us otherwise.)

http://www.makesenseofcards.com/soacalc.html Fill this in to see what you have coming in and going out each month. Include what you get from your OH and what it costs having your son, daughter and her bf there also.

Don't forget to include all the extras like house insurance and if you pay annually divide that amount by 12.

As well as OH paying more, you need to look at how much the other adults are contributing. Also depending on son's age does he work, is he at school etc.

fiveyearplan

You need to demand that husband pay more. Rent, council tax and utilities are priority debts so you shouldn't be servicing any other debt until those are paid. Apart from your debt, your husband should be paying at least half of everything else. Your daughter and her boyfriend should also be contributing, how old is your son? The pram you bought for your daughter won't do them much good if you are all homeless. You need to get tough with your family, you shouldn't be shouldering all the burden.

Sorry if that seems harsh - it wasn't meant to! Also, welcome!

TRINKAFIVE

Thanks every 1 for advice esp kissjen and fiveyearplan. My son worked in the construction industry and had his own flat but along with everyone else on his site was paid off just before christmas and had to give up his flat and move back home. Daughter works full-time, but minimum wage and needs all her money for all the things she needs for baby. Her boyfriend is an apprentice and again has minimum wage.

The council house is in my husbands name. I owe 10,000 for a loan, 500 to a catalogue, 500 to a credit care and 1000 to another credit card.

I contacted Debtline last year and they pay an agreed amount to these companies every month.

The money my hubby gives me isn't enough every month for groceries for the month and this is my problem. With my pay, I pay Debtline, rent, council tax, petrol, and there's never enough.

I have lost count of the times that I have sat down with my husband and explained to him that if we put our wages together, everything could be paid off and we could have a comfortable life. What's really getting to me is that I'm hurt. I couldn't do this to someone - let them suffer all this stress, when there was something I could do about it. He even went on holiday for a week with all his friends a couple of weeks ago, even though I explained to him everything that had to be paid. Tells you everything doesn't it!

Anyway, I think just putting this down into words has made me see that I need to let kids know that things are bad and that they are going to have to go it alone for a while without my help so that I can get my own debts into order.

CocoLoco_3

TRINKAFIVE wrote: »

The council house is in my husbands name.

If the tenancy is just in your husband's name, not joint names, then it is he who is liable for the rent, and he who is chased for the arrears. Personally, I'd stop paying the rent, use that money towards the debt payments and let the Council chase your husband for the arrears.

TRINKAFIVE

Thanks CocoLoco. Good idea but scared not to pay it incase they fling us all out. I've decided to pull my already tight purse strings even further and get this debt sorted out. It may take a few years but I'll do it. And once it's done, I can walk away.

Lightattheend

Trinkafive, is it worth going to your housing office and explaining the situation regarding the rent arrears/tenancy agreement? Or maybe the CAB could advise you on the matter if you don't want to mention it to the council just yet? Explain that your husband, who is responsible for the rent, is actually not providing you with sufficient money to cover the rent and general living expenses.

Good luck.