Advice needed please

the_JHD

Hello all I was hoping I could get some advice on a debt problem.

My Wife had a car on hire purchase with Park Motor Finance in 2005, however this was taken out in my Mother-in-laws name as my Wife couldn't get credit. The following year my Wife was made redundant from her job and had to return the car. About this time she had various other debts and as she couldn't afford to pay them she began to make regular reduced payments to all her creditors including the car finance.

Over the past 6 years she has made every payment to them but recently they have wrote to her Mother, as it is still in her name, saying that as the payments have been going on for so long they require a income and expenditure form.

This is where the problem is. My Mother-in-law is an pensioner and sadly has got Alzheimer's and needs caring for so she has no income apart from her pension. My Wife also does not work as she cares for our 9 month old Daughter along with caring for her Mother with her two Sisters so my wage is the only income in our house. When we contacted the company and explained the whole situation, even requesting the debt is transferred to my Wife, they wouldn't help and wanted a form filled out for her Mothers income, however her sisters will not let my Wife do that as it is in fact my Wife's debt.

So now we are at the point where the company is demanding a monthly payment of £140 instead of the regular £10 she has paid for 6 years and continue to harass her Mother for the money. Is there any way we can have the debt moved to ourselves or do an income form using our income instead to prove the regular reduced payments is all we can afford?

Many Thanks

camuk81

My understanding is the debt was taken out in your MIL name so she is responsible.

Are they contacting her by phone?

the_JHD

Not sure because as my Mother-in-law has Alzheimer's so if they do she doesn't remember but she panics that she owes people money. My Wife is the person who has paid the debt it was just in my Mother-in-laws name. Because of her illness now, this a stress she doesn't need and we are trying to sort it out

camuk81

You'll need to put the following letter together.

https://forums.moneysavingexpert.com/discussion/3049102

camuk81

As regards this one. you may be worth speaking to fatbelly. He is quite clued up on these issues and should be able to advise on your rights.

the_JHD

Thank you for your help, one other thing can the company refuse to accept an reduced payment? They said will no longer take £10 each month and has to be £140. I have said to my Wife to keep paying what you was before and they have to accept it

DVardysShadow

Before going much further, I think we should clarify something.

the_JHD wrote: »

.... My Wife had a car on hire purchase with Park Motor Finance in 2005, however this was taken out in my Mother-in-laws name as my Wife couldn't get credit.

Was MiL compos mentis when this was done, was she a willing participant, did she sign for herself and did she understand what she was signing up to?

If she was and did, then all well and good, but if she wasn't and didn't, then it makes a big difference to the problem we are dealing with.

You can probably communicate with PMF until you are blue in the face before they understand what has happened and that they are really dealing with an old lady with Alzheimers. But the moment the message gets through to them and they comprehend, I think they are going to be asking the questions I have asked.

the_JHD

Yes she did know and willingly signed, her illness has only come on the past 3 years. My Wife has made all the payments though and never missed one, albeit at the reduced amount.