Advice needed please

PHYTHIAN

Hello all, I'll try to keep this as short as I can!!

I've been trying to help my BIL out with some old debt issues. Using the forums I 've passed on what I think is correct info but thought I'd get a final nod from you clever folks.

Basically he had his house repossessed in late 1998 and also had a couple of unsecured loans. Since then, he has been in rented accommodation ( changed address 3 or 4 times and paid in Cash so had no need for back accounts etc ( NB He wasn't Cash in Hand---all legit with Tax and NI deducted...just paid in Cash!!!!). He has no contact from anyone regarding any of these debts since 1999.
Obviously we are quite some way down the line now but he is still worried that these debts might catch up with him. I've told him-

1. For any unsecured debts it is highly likely that the companies involved got CCJs. As they are way over 6 years old, they will have been removed from his Credit File although the debt can still be pursued. However the CCJ cannot be enforced. Any DCA would need to return to the court to have it reinstated and it is highly unlikely this will be granted given the timescale.
2. As above for his mortgage shortfall but the timescale increases to 12 years, which has also expired.

He started work for a company a few months ago who pay wages direct into a bank account. He gave them my sister's account details!! and that is how his wages have been paid since. I've told him this is tantamount to 'money laundering' and obviously both he and my sis have S**t themselves and want to sort it all out. They want to make my sis's account Joint but are worried about all the old debts catching up with them. Also, the account is with the Halifax which happens to be one of the companies with whom he had an unsecured loan. So, in summary,

1. How likely is it that the Halifax will still have records of his previous debt?
2. Will the Halifax conduct a credit check on him if his name is being added to my sis's account? ( Sis has had the account for c14 years with no problems)
3. How likely is it that DCAs etc will catch up with him if the Halifax do a Credit Check? And if they do, how likely is it that the courts will reinstate the CCjs given that he has hardly been invisible but failed to notify them of his new addresses
4. Is the info I have given him correct???

Thanks for any help / advice folks

Tixy

Hi

I would say
"For any unsecured debts it is fairly likely that the companies involved got CCJs".

Regarding the mortgage shortfall - if they did take action within the 12years I would imagine they'd stand a better chance of being able to continue to pursue the debt / get the court to agree etc.

Regarding the salary - actually its not uncommon to pay a salary into another person's account. But I would suggest he sets up a basic account elsewhere instead in just his name and changes so its paid into that. I wouldn't go for a joint account unless he has checked his credit files and is certain that there is nothing negative on them.

Another thing to possibly consider - and again his credit file would be a starting point - is to check whether any of his creditors ever made a bankrupty order against him.

1 - Halifax still have a record -fairly unlikely (unless its the mortgage)
2 - Credit check - likely
3 - Possible they will find him. Very difficult to guess on the chances of them being able to do anything now.

I would suggest getting his credit files, but another thing he might want to consider first is an anonymous search of the registery trust online (costs £8 per address) but would give him an idea if there is any court action within the last 6years.

PHYTHIAN

Thanks a lot Tixy...very helpful and much appreciated

RAS

Yep

First point is to check the Regsitry Trust on-line for CCJs, I think it cost £8 per address. This is anonymous.

Paying his wage into his sister's account is not money laundering - quite common in fact. Could lead to some questions sometime but the answers would be fine.

If the CCJs are over 6 years old, then the creditors need to go to court to enforce the debt, but may have already done this.

I suggest he finds out as much as he can whilst remaining anonymous and then rings NDL regarding the debts.

Do remind him of the case when a chap lived in a house for 18 years without paying the mortgage and the courts found that his lender had lost the right to repossess because they were out of time. So even secured debt becomes unenforceable some time.

PHYTHIAN

Thanks a lot RAS.

Must admit I'm surprised that it's OK to get wages paid into someone else's account. I've just rang little sis to put her mind at rest....she's delighted!!!!

Next port of call is the Registry Trust. Am I right in thinking that if this shows nothing then he's pretty much Ok as far as opening bank accounts/ credit checks are concerned??

RAS

PHYTHIAN wrote: »

Thanks a lot RAS.

Must admit I'm surprised that it's OK to get wages paid into someone else's account. I've just rang little sis to put her mind at rest....she's delighted!!!!

Next port of call is the Registry Trust. Am I right in thinking that if this shows nothing then he's pretty much Ok as far as opening bank accounts/ credit checks are concerned??

I assume he has never been on the electoral roll?

If the Registry Trust shows nothing and he has been in a total bunk for over a decade, I would suggest checking the Insolvency Register, in case anyone made him bankrupt in the interim. That is also a public register and there is no trace on checks.

if anything turns up on either of those, ring the National Debt Line.

If they are all clear, then speak to NDL before he does anything.

PHYTHIAN

I presume he hasn't been on the Electoral Roll, RAS, as I'm pretty certain he'd have heard from a DCA by now.
Will get him to get the Insolvency Register also.

Thanks again for you input m8.