DCA, Repossession and Divorce! Please Help!

Farawayhorizons

Two years ago me and my ex wife seperated. She stayed in our house and said she would pay the mortagage. She abandoned the house (had never payed the mortagage) and declared bankruptcy. I was given the option by the Insolvency Service to by her share, but I could not afford to do this or pay the mortagage. So the house got repossessed. Never saw any documentation of the reposession - I presume my ex got all the paperwork.

The divorce was finallised last year and at the end of last year she was discharged from bankruptcy.

Fast forward to present...I received a letter from DLC (on behalf of GE Money) requested the payment of £35,000+ :eek: for the house debt. I asked whether my ex is also reponsible for the debt. The man said yes it was a joint debt and they were trying to get intouch with her also. In a panic I agreed to pay the £19/month they were asking for. He said that in 6 months they would review the debt and might cap it (not sure what this means).

Does any one know if my ex is responsible for the debt too? Why is it not split 50/50 equally? And is she liable because of her bankcruptcy? I am afraid that I will be lumped with the whole debt.

Will I ever see the end of this debt if I am only paying £19/week on a £35, 000 debt? I will struggle at £19/week indefinitely. Not sure what to do . Any advice

fatbelly

Her debt is covered by her bankruptcy.

Joint and several liability means you are responsible for the whole shortfall debt.

We'd need more information before advising. You might want to post a statement of affairs or run it past CCCS/ Payplan/ National Debtline.

Farawayhorizons

thankyou for the quick reply...althought it doesn't sound like good news for me. What may DLC do after 6 months of me paying £19 per week? Are theylikely to write off the whole amount? Or will they start askingfor a full payment or an increase in the weekly amount?

Will look into posting my statement of affairs.

Which is the best debt charity to seek advice from?

Any othersuggestions/advice would be appreciated.

copier_guy

all of the above mate.

looking into your affairs, asking you to fill in a income and expenditure form. They will just want there £35,000 back.

try contacting national debt line or cab.

MrsTinks

Even without the bankruptcy they could chase you for the full shortfall - that's what the joint means sadly.
Depending on your situation now - do you have a good income, a house with equity etc then they may decide to go for the full amount and ask you to increase the payments or they may realise that pushing you too hard would actually make you bankrupt too meaning they wouldn't get a penny...
£35k is a LOT so do ask them for a full breakdown of that - there is likely to be a lot of admin charges in that (sadly allowable) but you need to understand the debt.
All the debt charitties are busy but start with the ones in my signature

Farawayhorizons

Thankyou for the advice MrsTine.

It seems so unfar that I have been lumped with this debt. and very daunting that I may have to follow suit and possibly declare bankruptcy.

My job is secure, though does not pay an awful lot. I do not have any other assets besides a vehicle. I remarried and moved in with my DW. she owns her own house (no mortagage or rent) and gets quite a bit in child maintance for her two children. she does not work. So i give her a set amount each week to cover bills and housekeeping etc. This works well for both of us. We live quite basically and do not have luxuries. My DW is very MSE and very good with money and finances. All the bills are in her name etc. So I am not sure how to fill out an SOA. I do not have much left over after bills, fuel and maintanance for my DD are paid.

I don't particularilywant my DW finances taken into account, but not sure how they will view my paymnet to her each week.

It seems so unfar that I have been lumped with this WHOLE debt. and very daunting that I may have to follow suit and possibly declare bankruptcy.

Farawayhorizons

Does anyone any further advice?

May bankruptcy be the best solution in this case. Or should I just pay the £20 /week for the next 6 months and then see what the DLC suggests after the six months is up. Is it just wait and see and hope for the best?

I just can not get my head around the figure of £35,000 _pale_

Farawayhorizons

This board moves really fast!!!! Bump for the afternoon crowd !

MrsTinks

If you have no assets other than a car then yes... bankruptcy may be a possibility you should discuss with her. It will limit your ability in the future to get a mortgage together etc and if you have ANY financial products together you need to seperate them. If you ARE thinking of going BR then why not pop over to the bankruptcy board and speak to the people there before you make any choices

Broken_hearted

If it can be proved that you have contributed to the house you now live in they may go after that.

Farawayhorizons

Broken_hearted wrote: »

If it can be proved that you have contributed to the house you now live in they may go after that.

Mycontribution is just in terms of monthly utility bills and food and day to day expenses. Not to the actual buying of the house. My DW had already purchased/paid for the house when I met her. So surely that is safe - hope so!