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joint debt after bankruptcy
tall_tog
Posts: 19 Forumite
Hi
I had to declare myself bankrupt after my wife left and refused to pay anything towards joint debt and still does to this day
(we are now divorced!)
the debts were
mortgage
joint account overdraft
secured loan
I was discharged from bankruptcy last October and am slowly rebuilding things financially
I have just gone through my experion credit report and noticed that the joint account , mortgage and secured loan are all showing as default with status 8 and default balances.
I included all these in my bankruptcy
will i be able to contact the creditors and have the status changed or will they refuse because they can't find her or she is refusing to pay?
(not sure which as i have no means of contacting her)
thank you
forgot to add - scottish bankruptcy via Account in Bankrutpcy Scotland
I had to declare myself bankrupt after my wife left and refused to pay anything towards joint debt and still does to this day
(we are now divorced!)
the debts were
mortgage
joint account overdraft
secured loan
I was discharged from bankruptcy last October and am slowly rebuilding things financially
I have just gone through my experion credit report and noticed that the joint account , mortgage and secured loan are all showing as default with status 8 and default balances.
I included all these in my bankruptcy
will i be able to contact the creditors and have the status changed or will they refuse because they can't find her or she is refusing to pay?
(not sure which as i have no means of contacting her)
thank you
forgot to add - scottish bankruptcy via Account in Bankrutpcy Scotland
0
Comments
-
Default is the correct status, even when something is included in a bankruptcy. Even if you managed to get them marked as satisfied on your report due to the bankruptcy, which is a fight, they would still stay as a default/8.
Are they 1st recorded as defaulted before or after your BR date?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
some are showing that the status code has changed during bankruptcy in a negative way e.g. mortgage - prior to bankruptcy status 6 and the balance owed
at date of bankruptcy status 8 and balance 0.
at the top of the information date of default is prior to BR with the total mortgage value as the default balance .
The house was repo'd after a long fight with ex wife and building society
Halifax credit card also went from 7 to 8 during BR and still shows a default balance0 -
A 'default balance' is not saying something is still owed. That is simply the balance on the account at the date the default was recorded. So something that is a fact at that date and does not change no matter what else happens.
Important things are:
- original default date (at top) is on or before your bankruptcy date.
- account is marked in some was as satisfied, partial or not, again in top or main section. Status code in history will stay an 8, as that is correct under their way of displaying things.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
balance in top section for some items shows £0 or satisfied
for the main items mortgage, joint loan etc balance shows full amount borrowed0 -
You can argue for joint loans that it should say £0 or satisfied on the file of the bankrupt signatory, as although technically the account exists and is owede by the other person, your personal liability for the balance has been extinguished by the bankruptcy. Point being that a credit file should reflect your relationship and liability on the account, rather than anyone elses, so you are entitled to have yours amended to show that your liability has been satisfied.
Lender do not like that argument, but some have been forced to accept it in the past.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
thanks for reply
long uphill struggle to get things looking better not that i want credit !
one other thing if i may
i'm self employed and to be able to keep some equipment i had to enter in to a payment agreement with my trustee even though individual value of items didn't exceed the figure stated in the bankruptcy guidance
my business solicitor was dealing with this for me when he suiddenly died and given the state i wa sin at the time with everything that was going on i signed despite saying i thought the figure was too high when bankruptcy was supposed to help me.
we had done a lot of research on the items and had looked at the similar items selling through the auction houses they would use had i decided to give up self employment and that value after auction costs etc was £2kk lower than buying each item second hand via ebay etc yet the trustee took the 'ebay' value and i'm now paying £150 a month for 3 years from date of BR
ive argued and argued but the guy i deal with is totally unreasonable and just says i signed the agreement , reviews my accounts and bank statements and says i can afford it when clearly it shows i cant!
aany advice on that one please?0
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