MOOLOO'S continuing saga Part 4

Savvy_sewing

silvercar wrote: »

In bankruptcy any joint debts become the sole responsibility of the non-bankrupt. Debts are only joint if you applied together, normally credit cards are in one name with another as an additional card holder, the additional card holder is not connected to the account.

So any joint loans would fall to your ex, any credit cards would have been his or yours not both.

Mortgages and secured loans are more complicated, but I don't know if you bought together.

His credit rating would also be damaged if he had a financial link to a bankrupt.

If your marriage is over, you should finalise your divorce, without it he is your next of kin, that has financial, medical and social implications.

Yes I have found that out. I knew about the divorce being next of kin, but I hadnt realised that the loan was in both names. I feel terrible that he has been made liable for my debts. Even though we had told the bank when we split up. Now all I can do is see what I can do to make sure that if I ever have any funds that I help him with the debt. Luckily for me he is not cursing me, and is very easy going.
If there is anything due back on the PPI that we had paid etc, it will just go back to them to lower the debt.
what was worse was finding out that there are £14,000:eek: worth of debts when they are all both added up!. I wonder if he should be going bankrupt himself!.
I will look at my budget with a fine toothcomb and start to help him as soon as i can, even if its only a little bit to ease it for him. (I would give it to him not the bank, as I think the interest on the bank has been frozen). But I will double check that when we have have sorted out the next stage of the paperwork.
What a day. With hardly any sleep, and no rest today, my lunchtime tablets missed, and my lunch for that matter its yet another thing to add to the worries, and my fatigue.:(

Errata

Mooloo - your next of kin is whoever you say it is, so it can be Biggest or your mum or dad. I was my stepdad's NOK although legally I was not related to him, everyone who needed it for their recoreds (NHS, hospitals, social services) accepted it.

Savvy_sewing

Errata wrote: »

Mooloo - your next of kin is whoever you say it is, so it can be Biggest or your mum or dad. I was my stepdad's NOK although legally I was not related to him, everyone who needed it for their recoreds (NHS, hospitals, social services) accepted it.

I know that I have a Will so if I did have any effects they would not be going to him, but as he doesnt have one, it is possible if things were the other way around, I could possibly inherit. So I have told him that he needs to sort it out. He actually said oh well, you know me, I dont understand, and when I am dead I wont care! I said that if he inherits from his Dad which he is likely too, then he would have funds to think about and that his brother might not be too thrilled at it coming to me, if that happened. I really think he needs to get some legal advise too.
Now I am so tired, and so sore, that I must get DGD to her bath and bed. Then I can relax a bit more.

Savvy_sewing

on a lighter note, here are some of the booties that I made.
Just to take my mind off of the frustrations and such like.

silvercar

Luckily for me he is not cursing me, and is very easy going.
If there is anything due back on the PPI that we had paid etc, it will just go back to them to lower the debt.

If it was from a debt that was included in your bankruptcy then it could be taken by the OR.

carolan78

silvercar wrote: »

If it was from a debt that was included in your bankruptcy then it could be taken by the OR.

Even if it is claimed by her ex husband who is currently paying the debt?

Eager_Elephant

The chances are that if PPI is claimed back for a loan which is in default then this will be used to lower the outstanding debt and not taken by the OR. (Some might say it is a remedy in respect of a debt but we are not here to worry about the legal side and anyway I doubt the OR would go to court to get half the PPI reclaim back as it would not be worth it and would not make any difference to the overall outcome)

Anyway lets not forget that Mooloo's bankruptcy was a few years ago and she has been discharged so the OR is not currently dealing with her case - they are not likely to reopen it.

Mooloo - if your (ex)husband is paying so much a month but he can't afford it why does he not go to CCCS or even do it himself and ask for lower payments. As you know the companies will tell you what you have to pay and then most people go along with it.

If he is not a home owner, does not have any other debt apart from the ones you mentioned, has less than £50 per month spare income and a car worth less than £1000 then he could look at a Debt Relief Order.

Savvy_sewing

Eager_Elephant wrote: »

The chances are that if PPI is claimed back for a loan which is in default then this will be used to lower the outstanding debt and not taken by the OR. (Some might say it is a remedy in respect of a debt but we are not here to worry about the legal side and anyway I doubt the OR would go to court to get half the PPI reclaim back as it would not be worth it and would not make any difference to the overall outcome)

Anyway lets not forget that Mooloo's bankruptcy was a few years ago and she has been discharged so the OR is not currently dealing with her case - they are not likely to reopen it.

Mooloo - if your (ex)husband is paying so much a month but he can't afford it why does he not go to CCCS or even do it himself and ask for lower payments. As you know the companies will tell you what you have to pay and then most people go along with it.

If he is not a home owner, does not have any other debt apart from the ones you mentioned, has less than £50 per month spare income and a car worth less than £1000 then he could look at a Debt Relief Order.

Thanks EE, thats what I was trying to get him to do. I will ring him again in the week, and see if I can persuade him to go. He is not very good even with a mobile phone, and technology passed him by. (He is older then me).

Today I have another problem, with the EDF and my bank. Its always something. Got to go. Tell you about it later.

silvercar

carolan78 wrote: »

Even if it is claimed by her ex husband who is currently paying the debt?

Eager_Elephant wrote: »

The chances are that if PPI is claimed back for a loan which is in default then this will be used to lower the outstanding debt and not taken by the OR. (Some might say it is a remedy in respect of a debt but we are not here to worry about the legal side and anyway I doubt the OR would go to court to get half the PPI reclaim back as it would not be worth it and would not make any difference to the overall outcome)
.

All depends whose name the debt was in originally. If it was a joint debt then the OR will have an interest, if it was in the ex-'s name alone then it is his debt and he can claim the PPI miss-selling. If it was in Mooloo's name then the ex- wouldn't be paying it back.


The OR won't need to go to court, all miss-selling payouts search for bankruptcies before paying out. There are some threads on the bankruptcy board about people who have gone to a lot of effort to pursue a claim and then find they don't see the money. If you know that you won't see a penny of a payout there is little point pursuing it.

Savvy_sewing

silvercar wrote: »

All depends whose name the debt was in originally. If it was a joint debt then the OR will have an interest, if it was in the ex-'s name alone then it is his debt and he can claim the PPI miss-selling. If it was in Mooloo's name then the ex- wouldn't be paying it back.


The OR won't need to go to court, all miss-selling payouts search for bankruptcies before paying out. There are some threads on the bankruptcy board about people who have gone to a lot of effort to pursue a claim and then find they don't see the money. If you know that you won't see a penny of a payout there is little point pursuing it.

The loan was in both of our names.
The ex is paying off part of the debts, which appear to be the overdraft facility (plus charges of course) from the Gold Account, and then the loan is also sitting there in the system.
I do not expect to actually see the money, but if the bank has transfered the debt to my ex then it has not been included in my debts that the OR had. They cannot have a double claim on it, that would not be fair or legal, I would have thought.
Anyway if the PPI is repaid it would just be going off of the debt, so that it is reduced. We are not claiming for any miss sold loans that were in my name before/that were included in the Bankruptcy. I realise that that money would not belong to me anyway.
All I want to make sure is that he doesnt get lumbered with more of the debts then necessary, and I will just have to see about helping him even if I cannot pay the whole amount, some would allieveate the problem. I am not the kind of woman who can just sit by and let someone else suffer for my mistakes. We have been seperated for a very long time, some 7 1/2 nearly 8 years I think, and so I do not feel that its fair he gets my debts, (although I do understand the legal side of it). I didnt need a divorce, and he didnt want one for some reason of his own, and as my current BF has absolutely no intention of ever getting married again, it hadnt seemed much of a problem. Why line the pockets of lawyers. But of course now we realise why! Such is life.
I did ask the husband to consider getting a divorce, again yesterday. Not that i ever intend to have another loan, or run up any further debts. I learnt that the hard way, when the Pub folded. It was some 5 years ago now.


EDF have messed up on my bank change over and tried to take the funds out of my old co-op account, dispite sending me a letter telling me that they had cancelled the DD. (after recieving the instructions from Santander.). However somewhere along the line, they forgot to add the Santander information to the account. Firstly I had a letter from Santander on Monday to say that EDF hadnt got back to them, and I telephoned EDF on Monday, they said they would call me back. Never did.
Then they obviously tried to take the funds out on Wednesday, and there wasnt enough in the old bank account, and so the DD was bounced, which has generated a £15 fine to my account.
So after several very long phonecalls today,. EDF have been looking into it. I have had to go to my Parents to scan in the bank letter, and send it as proof so that EDF will refund me the charge. Then I had to pay the missing Payment by bank card so that I do not get in arrears with my EDF bills.
Then they are investigating why the Santander was not set up. They couldnot find out why, and the fella didnt understand why there was partial information on the account but not the full account when it was supposed to have been done from one computer to the other, bank to them.
So I had to then give the new details for the DD to be set up.

They are also going to come and change my Electric meter from a pay as you go one to a normal one.

I wonder how long that will all take to do?
Meanwhile I have had to make sure that there are enough funds in the old bank account to cover the bank charges until the cheque arrives to compensate me.
Such fun in life, and a whole morning taken up.

(But on the plus side we got to have a cuppa with my parents and my Dad gave me a box of wine when I said i neede to pop to the shop to buy some wine for tonight when the BF comes.)
Saving around about the same amount of money really. NOt that i would have been buying a box of wine, just probably 2 bottles.

DGD broke her penny piggy yesterday, and so today she is playing with them all on the floor, told her to put them back in the biscuit tin I gave her to use, and she is now using the dustpan and brush to sweep them up. Clever girl thought of that on her own.

I havent heard from twin2 yet today, must call her and see how she got on yesterday going to Birmingham on the train.
Big step for her, even if it was to a pointless interview.

Twin1 has a huge task of tidying up her place on her own, before DS gets back from Scotland today. I am sure that she will fail alas! so expect a phone call from my son moaning about the fact that the place is a tip and his bedroom has been used etc etc. Oh well, thats really par of the course with my lot these days.