Setting off Credit Card Debts

kay159

My partner has two credit cards he owes around £8k on. He was paying minimum repayments then last Easter he contracted hepatitis and was off work until Christmas on basic SSP and fell behind on payments
We have contacted the bak on several occasions but never recieved a response but when he went back on phased return at Christmas started repaying £25 on each account monthly and told then would increase to £50 monthly from this month.
I have copies of I and E statements sent to them but as the accounts were with Halifax they kept getting passed to Albion and then Blair Oliver Scott
My partner suffers from high blood pressure and gets ectremely stressed dealing with all this and tends to not understand things but has shown willing in stating to make repayments
Financially because of his long period of ill health we have been really struggling and had a repossession order against us at Christmas but I sold family jewellery to raise the money we needed to keep the house. I was told that if we were late on a single payment we would have the order reinstated
The house and all priority bills are in my name as he wasnt working when we purchased. I fell into debt with a number of creditors due to his ill health but am managing to sort this out now
He was paid £1100 on the 26th March. On 27th March Halifax cleared out his account to set off agaist one of the credit cards
Consequently when I went to transfer money over from his account to mine for his share of the living expenses we had absolutely nothing in there and a number of direct debits for car insurance etc will now return unpaid and incur fees
I do understand the setting off rules but are Halifax allowed to take all of his slaray and leave him absolutely nothing to live on all month.It is my understanding they should leave enough to cover priority debts and essential living expenses
I rang today but as the account is now with Blair Oliver Scott my authorisation to speak on his behalf has lapsed
Hes at work at the moment and knows nothing about this
We have a major bill to pay but would the mortgage etc be allowed to be reimburesed under hardship rules as they are in my name
I honestly need a reply as soon as possible as to how to procede as we currently have no money whatsoever as my wages paid all the bills so have nothing for fuel or food
I am at my wits end as to how to start because I know Halifax will just say tough you owe the money you cant have it back which realistically means we will have the reporssession order reinstated next month
Any help or advice ????

opinions4u

They are meant to give notice of applying right of set off (ROSO) which they probably have done.

Additionally, they are meant to leave enough funds in the account to cover priority bills (e.g. mortgage, water, heating, food etc).

I would ask them to explain how they have complied with section 4.1.4 of the BCOBS handbook. And section 5.1.3.

Additionally, he needs to get a new basic account that isn't supplied by Lloyds Banking Group. Get the wage paid in there.

kay159

Are we likely to get anything back to cover priority debts if we set up an arrangement today over the phone
Will it make any difference that the mortgage etc are all held in my name even though he lives at the property
We had a letter asking us to contact to make and arrangement but there was no mention of taking money
I am dreading telling him as he is still really poorly and has arranged a reduction in hours which we now simply cannot afford
Many thanks
Andrea