Debt spiralling......

Hello

My ex partner has got into arrears with credit card debt and hasn't paid anything for a couple of months on two of his cards. He has managed to negotiate reduced payment on his Barclaycard but has just stuck his head in the sand with Capital One and Aqua. He also has a Halifax card and whilst he has made a couple of late payments, he has managed to maintain the payments on this one.
He owns his own house (with a mortgage) but as the above is unsecured debt I am of the mind that they won't be able to force him to sell the house will they? Does this apply even if it ends up with him being issued with CCJs?

Thanks in advance.

Replies

  • I believe that is correct -although it depends on the amount he owes on each. If it is a great amount they could apply for bankruptcy I believe?

    His best bet is to contact each card and negotiate payments to them. If he struggles with this then contact your local Citizens Advice, or Step Change.
  • abbieno7_2abbieno7_2 Forumite
    102 Posts
    Tenth Anniversary 10 Posts Combo Breaker
    Thank you for your advice. The total amount he owes is approx £12k. Do you think that is an amount that would warrant them seeking a bankruptcy order being issued? I have already told him that he needs to communicate with them and at least pay something but he seems to be sticking his head in the sand!

    Thanks again
  • edited 31 October 2013 at 3:27PM
    TixyTixy Forumite
    31.5K Posts
    ✭✭✭✭✭
    edited 31 October 2013 at 3:27PM
    Hi

    Bankruptcy is a last resort for creditors - but in theory anyone he owes more than £750 does have that open to them.

    If he ignores the altogether then it is more likely they would take him to court to obtain CCJs against him.

    As a homeowner another risk is a charging order - this is after a CCJ and where the debt is secured on the house so that when the house is sold the debt is repaid from any equity left after the mortgage etc is paid.
    Whilst it is possible that a judge could order a forced sale charging order (where you are forced to sell the house) this as good as never happens.

    The best way to reduce the chance of any court action is to inform them of the situation and to make an effort to repay. If he can only afford token payments or reduced payments then that is better than paying nothing. As suggested above the sensible thing to do would be to contact one of the debt advice charities.

    Paying nothing will mean his credit file is badly affected - which will make it hard to move mortgage/get a new competitive mortgage deal etc
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