Bankruptcy and Baliffs

wardie2437

About a year ago my wife was diagnosed with a serious illness and just afterwards I was made redundant.
This meant a huge drop in our joint income which resulted in us being repossessed.
my wife (who is receiving high rate DLA) and cannot and will never work again is being hounded for the shortfall in the mortgage and the joint bank account overdraft (both in joint names)
WHY are they only after her? We have told them she doesn't work, and they also know I'm only getting £54 per week carers allowance.
We're also living in rented property now.
When and who do we have to let into our house? just a court bailiff (if it comes to that?).
What can they take, could they take away her motability vehicle?

please help

thanks

RAS

Exactly who went bankrupt?

wardie2437

no one - my wife is getting very panicky that they will try and force bankruptcy on her - even though she now has no assets whatsoever (debts are £2,700 overdraft and £16,000 shortfall in mortgage repayment after repossession) as explained BOTH of these were in joint names but for some reason or other they have decided just to come after my wife.

RAS

Hi

Can I ask why you do not want to go BR? It might be a good way of getting rid of the debt? If you are in rented and are not in possession of a few Renoirs, you may not have anything to lose?

Did your wife sign any documents when the house was repossessed?

wardie2437

We have both though about going BR but £400-£500 is a lot of money to find in our position. I agree BR would be the best solution.
My wife didn't sign anything when we go repossessed. Let me explain further:-
The first mortgage on the property was in MY NAME ONLY and the second mortgage on the property was IN JOINT NAMES - the company insisted it went in joint names despite our protests.
Also, does she have to declare her DLA allowance on income and expenditure forms?

wardie2437

the first mortgagee was paid off with no problems

dancingfairy

They can chase either of you if it's joint - for some reason or other unbeknownst to us they have decided the best person to get the money out of is your wife. Clearly neither of you are in a position to be able to pay it though. I would get some advice from one of the debt charities and also post over on the bankruptcy board and get a list of charities who can help with bankruptcy fees. The only other solution is to maybe set up a payment plan of say 5 pounds a month or whatever you can afford but the situation is just likely to be prolonged to be honest. They might give up chasing you eventually.
df

RAS

wardie

I suspect based on your comments that your wife would be regarded as vulnerable and the DCa should not be chasing her at all.

Can you ask her DR for a letter, does not specify the diagnosis byut explains that she can not work and will not be able to in the future, and send that with a leter advsing that she is in serious ill-health.

If they carry on, report them to the OFT. They may not do anything but use the volume of compaints to monitor and deal with DCAs.

And she should not be sending a I and E. Just advise tham that you are both wholly dependent on benefits.

They cannot take the car and cannot remove your possessions unless they are valuable. Even then, you have to let them in, which you may not want to do?

wardie2437

thanks very much for that last comment - I've got the ball rolling with a doctors letter like you said (Actually it's not her GP - its her hospital consultant - which may carry more weight)

once again many thanks

wardie2437

Just one last question - These debts that the DCA is going after my wife for, as explained was in joint names - will they then then come after me or aren't they in a position to go for me

PNPSUKNET

If joint they will stop with your wife, then go after you however they can issue court action against your wife. OFT will not help there