Advice on an old debt

want2be

Hi,

I woud be grateful of advice on an old debt.

My wife's first husband, died over 7 years ago.

He ran up a petrol debit card bill for over £7,000 on a card given to my wife and her husband by her old employer (the fuel company)

My wife has been paying this debt off (which went to a CCJ against my wife) for the last few years initially at £30 a month and then at £50 a month.

The debt collection company do not have her current address (nor surname), however I guess they could get these through the bank where she is sending a standing order from.

So I need advice as to what to do, as probably this £50 a month is not even covering interest and the bill could now be well into 5 figures.

Can the company have a hold over our current house if they wish? It is still solely in my wife's name.

Should my wife die, would I be liable?

Should we keep paying?

We cannot afford to pay it off at the moment and are afraid to even ask for an update to the aco!!!! as it opens correspondance again.

It is with W Cooke Debt Recovery if that makes a difference.

Thanks in advance.....

Hannah_10

Your saying it probably doesn't cover the interest is a guess. Guesses can be very misleading. Better than a guess is a fact, which means she's either gonna have to spend a long time with her copies of the paperwork and a caluculator, or she's going to have to speak to them.

If by the part about the name and address change you mean can they make it stick the answer is yes. They can't ask the bank for her personal info, but they can ask the credit reference agencies (equifax, experian and call credit). The bank communicates to the credit reference agencies any change in details or circumstances. If she doesn't speak to them and she stops paying then the first thing they'll go is check the credit file and they'll immediately find her. At which point she will be in for further fees and the brown stuff may hit the windy thing for real...

As they don't have your address how do you know they haven't sent you an attractive full and final settlement offer already? A few have been going out lately, you might have actually liked it.

They could, in theorhy, go for a charging order against the house. They will no doubt threaten this at any point they feel it suits them (they lie more than politicians). In reality they're not going to get it while she's paying the debt back as ordered. DCA's lie lie and lie.

You need to ask someone else about liability on death, it's not something I know about.

Should you keep paying? Well yes, unless your circumstances are making it difficult. In which case you should make a new plan of attack, but while you do that keep paying it. If a new plan is required or you want us to have a look anyway to just check then you should put an SOA up, the SOA tool is here: http://www.makesenseofcards.com/soacalc.html

A lot of what you're saying so far is about guessing and fear. Facts take the guessing away and fear is cured by information. You need to be informed about what's really going on before you can make any decisions on the account, if you don't keep an eye on it how will you ever know when it's over?

Marisco

This might be of some use want2be.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

want2be

Marisco wrote: »

This might be of some use want2be.

Thanks - as the debt was joint - my wife worked for the fuel company, then it would have been passed to her.

Guess we ought to contact them - was hoping that as it was over 7 years old, it might get wiped - but guess that is wishful thinking LOL

I think my wife once worked out it would be paid off when she was in her 70's!

RAS

Hi

You seem to be thinking about the Statute of Limitations. This does not apply to debts that are being paid off or to debts covered by a CCJ.

Hannah_10

Things don't get wiped on the grounds of age, they go statute barred which means they can not be enforced, but they will still be chased and then you've got a mission on your hands to send the letters to get them to stop bothering you. If you look on the unenforcibility thread you'll find there are scores of templates, none of which were written for fun.

If unenforcibility is a route you want to try then you can do so, as the original CCA (consumer credit agreement) was before 2007 there is a fair chance it's unenforcible. Beware though, this is far from a soft option. It still means you have to talk to them and it still means you need to give them your proper contact details. The idea it just sort of evaporates at 6 years old is misguided. She'd need to stop paying now and not pay or acknowledge it for anotehr 6 years... In which time that charging order I mentioned starts to look very worth persuing.

Remember if you're going to discuss anything with them to do it in writing. When I say speak to them, I do mean by letter.