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bit of advice re bankruptcy

my husband just died last Friday, leaving me with what at the time was a small amount of debt (under £15,000) hopefully some of this will be written off by the fact that they are in his name only but i understand most won't and will pass to me.

My main problem is I had been off work sick for 2 yrs and had only just started back on the night he died and am now signed off for the foreseeable future yet again (i suffer from mental health problems).
I know i won't be able to pay them all off while recieving benefits only.

what would be my first step, I have to sort out my benefits before i do anything. I have contacted HIS only credit card and they have started the ball rolling as regards sending out forms etc.
We also have 2 other cards which I had used for balance transfers in order to get bills into 2 payments instead of many little ones (all in his name) these cards are in my name. I also have a large overdraft (joint account), some cheques waiting to be cashed and money I owe my parents from 2-3yrs ago, i know i have to pay these either way as i have no proof of this debt to them.
The other problem i have is i know there are more of his little debts out there and is there a way i can find out who these are owed to?


If I declare myself bankrupt do i have to provide a complete list of all monies owed? If i forgot something would they be able to chase me for it afterwards?

Many thanks for ur help
SPC #329 £471/£500 banked
SPC 2014 £1100:D
Happiness can be found even in the darkest of times if one only remembers to turn on the light
"Do you not know that a man is not dead while his name is still spoken?” ― Terry Pratchett, Going Postal

Comments

  • mel12
    mel12 Posts: 298 Forumite
    Hi,
    I'm really sorry to hear about your husband.

    The first thing to do re the debts would be to call one of the debt charities (listed here ) for some free impartial advice.
    If I declare myself bankrupt do i have to provide a complete list of all monies owed? If i forgot something would they be able to chase me for it afterwards?

    Yes any unsecured debt is included (apart from a few specific cases like student loans), even if you've missed it off the forms.
    Only after the last tree has been cut down,
    Only after the last river has been poisoned,
    Only after the last fish has been caught,
    Only then will you find that money cannot be eaten
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hi and welcome to the forum, I'm really sorry to hear about your loss.

    I would say don't worry too much until after the funeral, concentrate on that first.

    Then, as Mel suggests, call one of the free debt advice charities to talk things over.

    As for your husband's debts, yes, I presume all the ones in his name only will be written off, any that are not and revert to you would go into any debt reduction plan you take on, whether DMP or BR.

    What you can probably do is write to each of the three credit reference agencies for his credit reports. You'll probably need to send at least a photocopy of his death certificate to them in order to obtain his reports. Might be worth ringing them up first to check what they need, in case they want a certified copy. You should then be able to see all of his debts by reading the reports. I'm sure the CAB would help you sort this out if you are struggling to cope.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • silvercar
    silvercar Posts: 50,019 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I am sorry for your loss.

    Please take time, sorting the funeral etc are more important than the debt.

    When the time comes to tackle money, be very clear that what was his debt in his name does not pass to you. Many companies and debt collectors will try and imply that you should clear his debts, either because you had the benefit of the money or because as his spouse you are responsible for his debt. Be very clear in your mind that anything in his sole name is nothing to do with you; it is his debt and dies with him (or comes from his estate). If he left no assets of value (anything not of value is a "chattel" and passes to you automatically) then all his debts are written off. Do not sign anything admitting any liability for his debts.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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