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Advise About Family Debt Please - DRO

Hi all,

One of my daughters (aged 30 ish) is struggling with debt.

I am advising them to contact CAB - National Debtline to get a plan together, possibly a Debt Relief Order.

The issue is, one of the debts she has racked up, is with a mail order company. Unfortunately my wife did not realise that the debt was actually in her name. She was under the impression that it still operated under the old system of client & customer.
  • If a DRO was the best way ahead could that debt be included in the DRO even though it is in my wife’s name?
  • If not, which is the best way to approach the mail order company to attempt to transfer the debt so that it can be included in the DRO ( ie do we tell the mail order company about the DRO plan) ?
  • If neither of the above. Any help advice would be appreciated
Many thanks
Cheers :think:

Comments

  • bernie406 wrote: »
    Unfortunately my wife did not realise that the debt was actually in her name.

    I thought you said this was about your daughter's debt :huh:
  • Not being rude but why would they allow you to do such a thing.

    If you tell them she can't pay they would be mad to let you transfer it.

    AND

    They have provided your wife with the account because of her circumstances and not your daughters, your daughter may have never been allowed such an account with them.

    AND

    They didn't lend money to your daughter, your wife did.

    So someone needs to repay it, or your wife takes the hit.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Moved to the DRO board for now. If, as possible, something other than a DRO is appropriate then please post again on the DFW board.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • wba31
    wba31 Posts: 2,189 Forumite
    bernie406 wrote: »
    Hi all,

    One of my daughters (aged 30 ish) is struggling with debt.

    I am advising them to contact CAB - National Debtline to get a plan together, possibly a Debt Relief Order.

    The issue is, one of the debts she has racked up, is with a mail order company. Unfortunately my wife did not realise that the debt was actually in her name. She was under the impression that it still operated under the old system of client & customer.
    • If a DRO was the best way ahead could that debt be included in the DRO even though it is in my wife’s name?
    • If not, which is the best way to approach the mail order company to attempt to transfer the debt so that it can be included in the DRO ( ie do we tell the mail order company about the DRO plan) ?
    • If neither of the above. Any help advice would be appreciated
    Many thanks
    Cheers :think:

    The debt is your wife's. I'd be very surprised if the catalogue company allow the debt to be put into your daughter's name,if they did and your daughter then went for a DRO the company may appeal the order.
    Your wife is responsible for the payments and it is her that the catalogue company will sue through the county court if payments are not paid.
    Your daughter cannot include the catalogue debt in a DRO because her name is not on it...
    If your wife is eligible for a DRO and was to apply, she should declare that she is owed money by her daughter, and the DRO Unit may insist that all attempts must have been made to reclaim the money, and that would include getting a CCJ
  • Hi Guys

    Thanks for your advise.

    A simple but harsh lesson learnt I feel.

    Regards
  • I'm still somewhat confused.

    How can the debt be your daughter's, if it's in your wife's name :huh:
  • Bedsit_Bob wrote: »
    I'm still somewhat confused.

    How can the debt be your daughter's, if it's in your wife's name :huh:



    Hi Bob

    Because my daughter ordered the goods and made repayments though my wife.

    (In past a person could at as an agent for a mail order company and have several customers)
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