In debt and need to get rid of it, I am at breaking point

notsurewhat2doo

I was made bankrupt about 18 months ago due to my own silly actions as some of us have experienced and learnt from.

This time around, my step-brother who I hate with a passion thought it would be funny to somehow (I have no idea considering it is a basic account which can't go overdrawn) run up a debt of £2,500. I have since kicked him out of the house. He has nowhere to live but I am that angry, stressed and at breaking point.

The bank have pinned this all on me, it is my responsibility. Have argued several times with no avail. They are not liable for transactions that have been done with my own card. Meh. Whatever. Not as if I haven't been through this crap. I have been served with a default notice and the usual collectors who are slowly making me go truly insane to the point I am going dizzy. I thought I was over all this crap.

I have already done enough to him and don't want to go to police over him so I will not be prosecuting him or anything like that, as the bank would probably want. I've just given up tbh, it's nothing new to me having been through bankruptcy all before.

I am on benefits and cannot pay this debt. Not that I would want to anyway to be honest.

I don't want to go bankrupt again as I am not paying and can't afford to pay £700 and odd pounds.

I don't qualify for a debt relief order as I am benefits and I have a little more than £50 available per month (which is a requirement)

IVA, debt management plans etc are all out of the window, the debt it too little and would cost too much. Besides, I'm going to be an awkward sod and not pay it anyway, simply because I haven't done it myself, irrespective of whether it's my fault. But this isn't the issue.

Obviously they aren't going to write it off, are they?

So, just what the hell do I do?

It doesn't matter what happens to my credit record, to be honest I give up and I'm not even bothered! It's trashed anyway with my bankruptcy in 2009. I just want this over with before I get so depressed that.. well.. anyway. I'm not going there. I'm happy for whatever they throw at me as long as I won't be paying this debt.

Can I ask for reasonable responses and not the usual interrogation and 'it's your fault one way or another' please?

Right now really is not the time to give me lessons, I've learnt enough and I can hardly help what a household member has done.

There isn't really much I can do tbh is there? Unless I pay to go bankrupt AGAIN I will end up having to pay this, won't I?

Thank you so much

notsurewhat2doo

Because I have no assets and only about £15-20 per week disposable income (before feeding myself!) what are the chances of them writing this off?

I'm sure deep down they know they aren't really going to get anything from me, even being hopeful. I have nothing to give.

Just a thought?

They know I was bankrupt and I am not working so they can't persue me for a house or any more money. Well then can, but they know they won't get anywhere when I have neither of them.

edinburgher

I have already done enough to him and don't want to go to police over him so I will not be prosecuting him or anything like that, as the bank would probably want. I've just given up tbh, it's nothing new to me having been through bankruptcy all before.

If your account is correct and the debt has nothing to do with you, it's fraud and you have to go to the police. I don't care it it's a family member - the ties of family obviously mean nothing to him, so why protect him?

Because no - this isn't going to go away any time soon

notsurewhat2doo

edinburgher wrote: »

If your account is correct and the debt has nothing to do with you, it's fraud and you have to go to the police. I don't care it it's a family member - the ties of family obviously mean nothing to him, so why protect him?

Because no - this isn't going to go away any time soon

Hi and thanks. He has a heroin addiction and has been in trouble many times before. I have really been helping him turn his life around over the past few months and he does this. I have already kicked him out but if I do that I am afraid he will turn to his usual bad ways. He's like that - just to spite.

So I'd sooner rather deal with it myself, even if it lands upon me, which it has. I'm actually not arsed about whatever happens, as I said, my record is trashed and I have nothing to give. Just gutted I can't carry on a normal life now, and back to the whole debt-crap again.

podperson

I'm assuming this is an account in your name he's run the debt up on? Unfortunately if you claim it is fraud then the bank are going to want you to go to the police which you say you aren't willing to do (to be honest I would be very tempted as it might give your step-brother a wake up call that it sounds like he sorely needs!). If you don't claim it's fraud then you are liable and will be stuck paying it.
Is the whole amount from card transactions? I find it a little odd that they would let the account go so far over the limit, unless some of it is charges as well. If that's the case you might be able to look at reclaiming them under financial hardship or extentuating circumstances but there's no guarantee on it.

DorsetGirl_2

I would go to the police - its fraud.

climbgirl

The previous posters are right - this is fraud and the only way the bank will accept it as fraud is if you take this to the police.

Otherwise they will simply say "it was your card and your responsibility to look after it and make sure nobody used it without your permission". I'm not saying this as a judgement on you - merely pointing out that this will be the bank's view of the matter.

It is worth querying with the bank how an account that had no overdraft facility was allowed to be overdrawn by so much. I doubt they will write the debt off totally but you may be able to get charges reduced, things like that. Certainly worth trying.

If you're not prepared to go to the police to report it as fraud (and that is the only way the bank will accept that it is not your responsibility) then you need to look at ways of dealing with the debt that is in your name. To help you with that, we'll need more details of your incomings and your expenses so we can help you find a way to pay it back. £2500 is not an insurmountable sum so with the help of the board, you'll find a way out of this.

tearose

From what you've said, this isn't a debt, the money was stolen from you/the bank one way or another. I don't think it's right for you to claim that you aren't going to report it, but have no intention of paying it as you didn't spend it. If the money was stolen from a account that you had savings/cash in then you could, but it wasn't yours in the first place.

Not blaming you but just saying, if you look at it a different way, like others have said, you can't not report it.

climbgirl

tearose wrote: »

I don't think it's right for you to claim that you aren't going to report it, but have no intention of paying it as you didn't spend it.

I agree with this - think about it from the bank's point of view. You're not reporting it as fraud / stolen, but then you're refusing to pay it? That doesn't make sense. If they have no knowledge of any theft or fraud, they will treat the debt as being legally yours, with the responsibility to repay it resting on your shoulders.

To my mind, you have two options in this situation - either you report the money as being stolen to the police and get the bank to write it off as fraud (although if you have given your card and PIN number to your brother in the past, this isn't an option as the onus is on you to protect that at all times).

Option two is that you don't want to report it as stolen to help your brother get back on his feet. In which case you'll need to find a way to tackle the debt yourself as the bank will view it as legally yours. We can help you do that if we have details of your incomings and your expenses, you'll get good advice on the best way to handle your particular situation.

It's entirely up to you which route you go down and nobody will judge you for making whatever choice you make.

notsurewhat2doo

Hey and many thanks for the replies!

I have indeed flagged it up as fraud with the bank involved (of course!) but they have said it is not fraud because the chargeback team have liaised with the company which the goods were purchased from and they confirm the transactions were authorised, legit and taken place (we know this, so it doesn't really give me any more information as it's stating the obvious). When I explain that I did not do them and it was my step-brother they state that I am liable for any transactions made on my own card and it is a police matter.

But as I said, I don't want to press charges and stitch him up to the police. The bank no it is fraud and refuse to pay out, I'm not taking it any further re my step-brother. At the end of the day they'll only make him pay, well, why wouldn't I just do it myself?

Whether I get the law involved and press all the way with it or not, there is then always the one side versus another. Who really did do the transaction? Blah blah. Plus, it's not going to clear the debt is it?! It will still hang over me for a very long time until it has been paid off, irrespective of who it is. If only it could just be written off! There's really nothing I can about it in the near future

Chrisblue1962

notsurewhat2doo wrote: »

Hey and many thanks for the replies!

But as I said, I don't want to press charges and stitch him up to the police. The bank no it is fraud and refuse to pay out, I'm not taking it any further re my step-brother. At the end of the day they'll only make him pay, well, why wouldn't I just do it myself?

Whether I get the law involved and press all the way with it or not, there is then always the one side versus another. Who really did do the transaction? Blah blah. Plus, it's not going to clear the debt is it?! It will still hang over me for a very long time until it has been paid off, irrespective of who it is. If only it could just be written off! There's really nothing I can about it in the near future

I don't wish to be negative but either you step-brother stole the money or he didn't.

If he did, and you feel that you are not legally liable, then the only legal way to do this is to use the law i.e raise matter with police and press charges.

If he did not steal the money and you know that, then I would be careful about posting allegations that he did steal the money on an internet website as this could be construed as libel and defamation of character.

In short, you cannot have your cake and eat it - if you don't wish to "shop" (your words) your step-brother then accept the fact that it's your debt...maybe not what you were looking for but it's honest advice :think: