Advice needed about debt and being a guarantor

MrsTinks

It all depends on how long ago the defaults were - they may have already dropped off her credit files?

There is a possibility some of her debts are unenforceable - but to look into that she'd really need to get online and be able to communicate with the people on here directly. We'd need details of the debts, details of when who and where etc.

I'm going to have to assume that her partner didn't take anything with him that wasn't his? If he did (like the car) then she needs to report it as stolen. At least that way she would get her means of transport back. Likewise the broadband - if the account is currently in his name then she needs to phone up the provider and explain the situation. Explain he took off with the actual router (or she could try asking on local FB groups to see if anyone has one they would give away...)

If she doesn't have any assets (ie it's a rented house etc) then there is a possibility that going Bankrupt might be the best way forward for her, or even a DRO? It all depends on the level of debt and her situation apart from that...

sourcrates

Who is her internet provider ?

I have a spare brand new talk talk router gathering dust.

ripplyuk

That's very kind sourcrates. It's with Sky, but another friend is now asking on Facebook for a spare router for her.

MrsTinks, yes the car is in her partner's name, as is the broadband. He didn't take anything that didn't belong to him legally.

She has no assets at all, but I know she wouldn't even consider bankruptcy. Not at the minute anyway. I'm not entirely sure of the total debt as she's embarrassed discussing it, but I don't think it's more than about £4000 now, spread over a multitude of different cards and companies.

MrsTinks

When you say the car is in his name... you realize the registration document isn't proof of ownership? So if she bought the car and her name is on the receipt she could potentially have a claim on the car? Depending on the size of this guarantor loan and what it was used for there IS a chance she might have a case for small claims to get it off him... that least that way she will have a car or she can sell it. A court could make make him transfer the registration to her name I believe.

All that said - there is the possibility that she might consider it as not worth going after him for any of this - if he's low enough to leave her with the debt and take the router (who does that???) and car then she's probably not the nicest chap... and you may need to bear in mind her safety should she try to go after him for monies owed etc... Just a thought I think should be considered.

Sourcrates would a DRO apply here?

sourcrates

MrsTinks wrote: »

Sourcrates would a DRO apply here?

Basic Criteria for a debt relief order :

Must not be a homeowner,

Debts less than £20,000,

Can have a car worth up to £1000,

No other assets of more than £1000,

Must have £50 or less left at month end, after all essential payments have been made (not inc debt repayments),

Cannot have had a DRO in last 6 years.