Major Problem - Please help

French_Defence

Nearly 20 years ago my wife ran up debts of nearly £150,000 - yes, I was staggered too - and now it has come home to roost as a DCA has tracked her down. (It could be more, apparently - she just did a major runner).

How did they do this? She took my name when we married 5 years ago (next week! - some anniversary present...).

Anyway , I can`t sleep wondering what is going to happen. She is a full-time mum now to two adorable kids and I thought - well we were, very happy. The house is solely in my name as are both cars. Am I in any way liable for debts she incurred before I met her and is my home, my family (and my sanity) at risk? She has no income and I will be watching the usual housekeeping shortfall a little more carefully in future!

Any reassurance would be most welcome - I will try again to get through to National Debtline tomorrow.

milliemonster

Hi French and welcome to MSE

No there is no way you will be liable for these debts and to be honest I would expect that these debts as they are over 6 years old are now statute barred so as long as she doesn't acknowledge she owes this money to the DCA they won't be able to pursue it.

Dayoshir

Well i think if they are over 6 years old then they are unenforceable. Sounds like the DCA is just trying its luck.

I think you need to find the letter on here about the 6 year time limits (cant remember what its called) and get that sent off to the DCA.

Billy_two_speakers

:eek: today that would be like having £350,781.71 of debts

*MF*

Hi ....

1) Definitely make the call to National Debtline - it will help you ask all the questions that you may have and get expert answers.

2: Meanwhile, here are two links (just click on them) which address what you are being told about debts being "Statute Barred" - well worth reading for the details and explanations they give.

http://forums.moneysavingexpert.com/showthread.html?t=703585&highlight=statute+barred

http://forums.moneysavingexpert.com/showthread.html?t=2023403&highlight=statute+barred

Hope this helps ...

DarkConvict

If she ran this up before you are married, then you are not personally liable to these debts. Unlike if they were ran up after you were married. Although as the family money is shared idon't know how paying them off works out.

But potentially more importantly, if she has not paid or acknowledged these debts in 6 years (5 in Scotland) then they are statute barred. My only concern is that she admits to running away, rather than a creditor deciding not make contact.

I would start with a Prove It Letter, and potentially after a Statute Barred Letter. Both sent to the DCA that contacted you.

French_Defence

Well I am afraid that just because debts are over 6 years old (Yes 5 years in Scotland I hear you all cry), it doesn`t neccessarily follow that they are unenforceable and statute barred. And, with all due respect,while you are trying to be helpful, inaccurate statements like this could cause people even more problems.

As I understand it, if CCJ`s were registered against her at her address at the time (she doesn`t know as she left in a hurry) they WOULD be still enforceable and could be registered against her at this address. It`s impossible to find out for sure as the County Courts and the Registry Trust only keep records for the 6 years but that does not mean that the judgement has gone away.

However, the key thing is this: If these debts were enforcable and because my property could settle the debt, would she be viewed as my wife as having half my assets? e.g. could a charge be put on the house? At any rate, my credit rating is likely to be affected isn`t it?

[Don`t mean to sound ungrateful - I feel really stressed]

DarkConvict

My brother just got married, his wife was previously married and behind with mortgage payments (she paid, but the ex husband just pocketed the cash). He sought advice from a solicitor and it was that if they ever chased after the debt he would be not liable, and that if she had to go bankrupt it would not affect his assets such as his house. Thats about as much as i can personally advise on this.

Professional advice from National Debtline and solicitors really is the way you want to hit this, there are some very knowledgeable people on these forums, but i do think considering the time-scale, and events since such as marriage, and the size of the debt you do need professional advice on this matter where you can sit down and ask questions and be asked questions in realtime.

*MF*

I cannot give you a 100% assurance - thus my recommendation about National Debtline, they will be able to give you the reassurance you are seeking - but I am as sure as I can be that the debts in your wife's name cannot be enforced against assets held by you in your name - unless that is with your agreement.

And don't dismiss/lower the importance of the Statute Barred aspect too readily - it may be very important.

milliemonster

French_Defence wrote: »

Well I am afraid that just because debts are over 6 years old (Yes 5 years in Scotland I hear you all cry), it doesn`t neccessarily follow that they are unenforceable and statute barred. And, with all due respect,while you are trying to be helpful, inaccurate statements like this could cause people even more problems.

As I understand it, if CCJ`s were registered against her at her address at the time (she doesn`t know as she left in a hurry) they WOULD be still enforceable and could be registered against her at this address. It`s impossible to find out for sure as the County Courts and the Registry Trust only keep records for the 6 years but that does not mean that the judgement has gone away.

However, the key thing is this: If these debts were enforcable and because my property could settle the debt, would she be viewd as my wife as having half my assest.s? e.g. could a charge be put on the house? At any rate, my credit rating is likely to be affected isn`t it?

[Don`t mean to sound ungrateful - I feel really stressed]

Why should your credit rating be affected? if you have no joint financial products then you will not be affected.

They cannot put a charging order on an asset that she does not own (ie your house)

I understand and can only imagine how stressed you are over this but this debt is from 20 years ago before you both met. You need to get some professional advice before she makes any acknowledgement towards this debt.

French_Defence

Thanks guys. It`s so frustrating not feeling in control of things anymore. I must have rang the NDL 100 times today but they were constantly busy. Yes I know I need to seek expert legal advice but I wouldn`t know where to start looking for a solictor with relevant experience. I don`t feel like asking friends or business colleagues for a recommendation and having to explain why I need that sort of help. Jeese I need a drink...! Any ideas on how they traced her?