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Can they really do this to my wife and home?

Easy1
Easy1 Posts: 2 Newbie
As a young man I got my self in to a real mess with various unsecured loans. I did attempt an IVA many years ago which failed and over time, most of the lenders have either given up chasing, or filed them as satisfied on my credit report. Obviously I have been left with an awful credit history where I cannot even get a mobile phone contract in my own name. I got married 3 years ago (I am now 49), and obviously the mortgage is solely in my wife’s name due to my credit status, recently I have been contacted by an old debt collecting company who say that they have the right to force the sale of my home to pay off the old debt!

Surely as this particular debt and all of the other debts were taken out 15-20 years before I even met my wife, and my home is solely in her name, they do not have the right to do this!

I would appreciate any advise with this, as I am obviously concerned that my wife will suffer for my teenage mistakes. Many thanks in advance :)

Comments

  • ILW
    ILW Posts: 18,333 Forumite
    Is your wife the sole owner of the property?
  • Easy1
    Easy1 Posts: 2 Newbie
    Yes she is the sole owner, although obviously we pay equally.
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If the deed is in her name (not the mortgage, that actual ownership of the property) then they would have a difficult job. You don't own it, they can't claim it for debt repayment. If you are joint owners on the deeds, then they have a claim against it.

    Explain to them that you do not own the property. They will faff for a while, but DCAs make all sorts of threats.

    Look at the debts that are statute barred and get those sorted out first - search the forum for a template letter. Then sort out repayments for the ones you do have deal with.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



    May grocery challenge £45.61/£120
  • Tixy
    Tixy Posts: 31,455 Forumite
    What debt collecting company has contacted you? about what debt? when did you last make payments towards that debt?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Hollypop_2
    Hollypop_2 Posts: 91 Forumite
    It may be worth getting a copy of your credit reports as debts only stay on your credit file for 6 years. so if your talking 15 - 20 years ago these bad debts might now even show up anymore?
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    tell them to go enjoy sex and travel, the law is quite clear in this country, you cannot take somebody elses property in lieu of another persons debt, its called theft and its illegal!
  • AMILLIONDOLLARS
    AMILLIONDOLLARS Posts: 2,299 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    After 6 years the debt becomes Statue Barred. If the debt is 15-20 years old, these people a bluffing. Get a template letter off this site and and tell them to naff-off in the nicest possible way!!

    AMD
    Debt Free!!!
  • geoffky
    geoffky Posts: 6,835 Forumite
    edited 16 May 2011 at 4:20PM
    Please answer tixys post..

    and relax..you will find out how to treat these idiots and wonder why you worried.
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
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