Chasing my Wife for my debt

wherediditallgo

SomeoneElse wrote: »

There is . .......

Your statement is so inaccurate & rude. Either you are genuinely ignorant of how the process works, or you are deliberately trying to mislead Tony. Whatever the premis, please stop it.

Tony, the advice I have given you is correct. As you have an IPA, the creditors should already be getting paid from that, so no money should be offered to them - apart from breaking your bankruptcy terms, if they're getting money from your IPA, they'd be getting paid twice if they were included in your bankruptcy & you then made offers to pay. Please speak to your OR, and let them know which creditors have been chasing for payment, so that he/she can tell you who is getting paid & who isn't. If these creditors are on the list, they can't get money from your IPA & then also claim from your wife. Send the letter to the creditors (it should have your wife's name on it, not yours, as she's the one they're now chasing), and if they ring again in the next week or so prior to them getting the letter, remind them of your bankruptcy & that you are paying into an IPA, & that you have informed the OR of their calls.

Definitely speak to the organisations in my signature, as they will be able to help you.

naomirosebud

Hi tony

I'm an adviser at a Citizens Advice Bureau and we see many cases like yours. Do call into your local bureau - they have advisers who are experts in this sort of thing and will be happy to help you and negotiate on your behalf.

falady

Tony,

I haven't been in this situation, but just wanted to offer my best wishes. The people on this site are great (though you do get the odd person with some other agenda like 'SomeoneElse'). Good luck with sorting everything out.

Ali

tonyp41

I'm sorry but I am getting very confused now..I have just spoken to the official receiver dealing with my case.He tells me that because my wife was not declared Bankrupted with me, Its nothing to do with them they can't help my wife..
Can I stop paying the IPA or even cut it in half and pay both half each just to get these people off my back...
It is really starting to wind me up

Tony

naomirosebud

Tony

Your local Citizens Advice Bureau is at 54 Lagland St Poole. They give telephone advice today 10-2.30 01202 680838, they also have a drop in today 10-2.30. I'm sure they will be able to help you.

wherediditallgo

Sorry to hear that, Tony. IPAs can be reviewed & the amount reduced if your circumstances have changed. If your wife was contributing money to the household income & now has to also contribute to the debts, that might count, & might in turn enable your IPA to be reduced. Your OR should have been able to advise you on that even though they can't help your wife. Whoever you pay your IPA to won't be able to agree a reduction with you, as any assessment of payments is done by the OR. I can understand if you don't want to go back to the OR on this again, but speak to the advisory organisations. Hopefully, your wife will be able to come to an arrangement with the creditors on the payments, but make sure she can actually afford them & isn't just agreeing to them to get the creditors off her back. As upsetting as it is, if the OR can't help with reducing your IPA & if your wife can't come to an arrangement with the creditors on payments, her only solution might be to go bankrupt herself.

rog2

With one notable? exception, you have been given some excellent advice. The only note of caution that I would sound would be regarding the 'overdraft' as, in the case of joint accounts if one person declares themselves bankrupt, then the other joint account holder will, unfortunately, become liable for that 'debt' and creditors will pursue him/her.
As far as I can see, however, this will only be applicable to the overdraft and not to any credit cards which you held in your name, and for which you would have signed a separate agreement.
I agree with the advice regarding harrassment - also that you should not make any payments towards any debt that was included in your bankruptcy - this could be seen as giving preferential status to one creditor over others and could even be illegal.
I don't, however, think that the 'joint' overdraft should have been included in your bankruptcy.
I, too, suggest that you have a word with a Debt Adviser at CAB as soon as possible.
Good luck.

raq

the_boy_with_no_name wrote: »

got to aggree, i was sitting open mouthed at that statement.

as siad in an earlier post the poster is not allowed to make payments direct to his creditors

don't see many post like this one, but then the saying "There is always one"

Broken_hearted

Yes going bankrupt left your wife liable for any joint debt, this now has to be paid by her and has nothing to do with your bankrutsy. It wasn't written off and needs paying. I'd offer £1 as month as all her income is benefits.

Broken_hearted

rog2 wrote: »

W
I don't, however, think that the 'joint' overdraft should have been included in your bankruptcy.
I, too, suggest that you have a word with a Debt Adviser at CAB as soon as possible.
Good luck.

Joint debts can't be written off unless both parties go bankrupt all it does is stop the creditor being able to chase the bankrupt.
Sadly the wife now has to find the strength to deal with it.