debt of partner - please help.

prettypinkprincess

Hi, sorry if this is in the wrong place - i am new to the boards and this seemed to me the place to post.

I have recently found out that i am pregnant and so my boyfriend has moved in with me (not just because of the pregnancy but that was the spurring thing i guess). He is in a lot of debt that he is trying to pay off. Just recently he lost his job and so obviously the debts aren't getting paid at the level they were doing, though he is trying to pay as much as he can off them. Because of this he is now starting to get a lot of phone calls and letters.

I am scared that it will get to the stage where bailiffs etc will start coming around - i don't want to have to deal with them but realise that it may come to that and i don't know what to do. All of the furniture etc in the house is mine and was in the house before he moved in - but i don;t still have receipts to prove this. I have read that if its is 'shared property' the bailiffs can take items. Would my furniture and household posessions be classed as shared property as he is living here??

Thank you in advance for any help.

Mimi_Arc_en_ciel

Hi,

I know this is scary and i didnt want to read and run - I'm sure someone will be along sooner to help. Should baliff's come round DO NOT open the door to them - talk to them through the letter bix if you have to and by all means DONT let them in your house. If the debt compnaies ring, tell them you wont speak to them on the phone and that everything must be in writing - tell them to remove the number (might work!)

I'm not sure about the whole "shared" possession thing if your other half has just moved in? I'm not sure if its a "they need to be living there xx amount of months" to have it classed?

Hopefully someone else can answer this xx

Tixy

Hi

If your boyfriend hasn't done already then I think he needs to get advise on the best way of dealing with his debts to minimise the impact on you. Suggest he contacts one of the debt charities for advice.

Do you know if he actually has any CCJs, or court orders? if not then baliffs cannot come round (and anyone who does turn up is a doorstop debt collector and can take nothing and do nothing -just ask them to leave).
If he does have court orders against him then it is possible baliffs have been instructed, first piece of advice is to never open the door to them. If you don't let them in they cannot force entry and take your goods. You need to keep your door locked so they cannot get in themselves.

If baliffs have been instructed you can get a solicitor to draw up an agreement to say that all the furniture etc belongs to you and did so before he moved in - I believe this letter can be done for around £10, which you could then show to any baliff who did turn up.

RAS

Basics

Bailiffs cannot take your belongings for his debts.

And for unsecured debt permission is most unlikely to be agreed by the courts anyway. Council tax debts are a different matter though.

You BF needs to speak to one of the debt charities urgently. Will post link in a mo.

prettypinkprincess

Thank you for your quick replies

He did call a debt company up a couple of days ago - christians against poverty - but they are so busy they are not able to get anyone out to see us until august!
It has put my mind at rest a little though as i don't think he has any ccjs - yet!!

Thank you

RAS

Check the Registry Trust on-line and it will tell you if he has any CCJs.

Glad he has contacted CAP - they are generally very good and one of Martin's recommends.

Re the situation in between time there are a few things he can do.

1. if he took out any credit before April 2007, request the Consumer Credit Agreement.

2. If he has had default and termination letters, scan and post them up here, minus personla details, bar codes and account numbers.

If either fail certain legal tests, then he can defend any court action and win.

There is a letter which says, i am taking advice from a debt charity, so please give me a breathing space.

Will try and find it.

Tixy

RAS wrote: »

There is a letter which says, i am taking advice from a debt charity, so please give me a breathing space.

Will try and find it.

Think this might be it?
http://forums.moneysavingexpert.com/showpost.html?p=21937969&postcount=52

RAS

Thanks Tixy.

I have to run.

PPP. Ask your BF to send that letter out, but edit to tell them roughly when he meets CAP (add a week or two).

DVardysShadow

prettypinkprincess, as he has a debt problem, do not open a joint bank account with him or any other joint financial product. Don't take on responsibility for any of his debts in a misguided attempt to help. This will at least keep your credit record clean. If you have opened any, close them again if you possibly can. Having one clean finacial record in the household will be no end of a benefit.

prettypinkprincess

Thank you - the letter is something i would never have thought of!

We got a letter from CAP today saying they will visit us on friday 13th august - seems a long way off and a dodgy date, lol.

At the moment i have no joint accounts or anything - but the letter from CAP says they would open a joint account - is this not a good idea then?

DVardysShadow

prettypinkprincess wrote: »

Thank you - the letter is something i would never have thought of!

We got a letter from CAP today saying they will visit us on friday 13th august - seems a long way off and a dodgy date, lol.

At the moment i have no joint accounts or anything - but the letter from CAP says they would open a joint account - is this not a good idea then?

Not as far as I can see. They may have a reason, but you should check it out here first.

Are you sure they are not suggesting that he opens a basic bank account with another bank without overdraft to take pay and benefits? This isolates his overdraft in the old bank and stops them upsetting your finances by taking his pay and benefits. It makes sense to do that - but not as a joint account.