what to offer full and final settlement - debt from financial abuse

Lifebegins123

Thanks @Grumpelstiltskin I’ve now tried that but I can’t seem to find specific experience of getting debts written off due to financial abuse. It’d be really useful to see what others have done, evidence supplied etc. 

As advised by @RAS I’ve just set up a separate account for the £8k - I didn’t realise I could do this with bad credit! 

@RAS Re: creditors guessing about my mortgage, they already do know. I have been self managing and providing I & E statements every 6/12 months since Sept 2020. I didn’t realise I shouldn’t tell them I have a mortgage and have detailed the payments as mortgage. My intention was always to fully repay the debts from divorce settlement except that the settlement is so significantly reduced I can’t do so without selling family home. Do you think they could force me to sell home if I request write off due to abuse as I will be stating I have no other means in the future to pay the debt? I’m worried that I’ll open a can of worms by asking for a write off ….

Also, do they credit check you when you request write off? Or make a full and final settlement offer? Just thinking they will then know about all my other debts (I haven’t been asked about them at all just my I&E) and my new account. 

Sorry last question, but from reading on posts here it seems that all my debts have been retained by original creditors and not sold off - been between 2 and 3 years since defaults - is this unusual? Everyone else seems to be dealing with debt collection agencies. I was wondering now if it’s because they thought I’d pay it off in full or if it was anything to do with the abuse (they are all aware and been very supportive). Or is it not unusual at all? Also, the fact I owe £13.5k to MBNA and they haven’t been in touch in 3 years. Seems very odd for such a large amount of money. 

Any advice very welcome. Thanks 

Lifebegins123

Hi, just wondering if anyone could help with my questions above? 

Advice much appreciated. Thanks

RAS

Use the search engine to look for debt write off and read posts by Terrifiedindebt03, Newmum92, Onebrokelady

Just avoid any old threads about IVAs.

And @fatbelly

sourcrates

@Ahaze,

Please try not to overthink things here, we can all be guilty of it at times, I know, but you need to keep in mind the facts.

Lets get something clear, no one will be forcing anyone to sell their home, no one will be credit checking you for making settlement offers, should you choose to do so, that`s not how things work.

Your creditors are treating you exactly how they should for someone in your circumstances, who has had debts accrued by an abusive partner, in their name.

This is likely the reason why the accounts have not been sold on, as they are what`s termed "disputed debts".

It is against FCA guidance to sell or assign disputed accounts, so it would not be right or proper for the creditor to assign these accounts to any 3rd party currently.

In fact they are probably waiting, or expecting you to ask for them all to be written off, as this is the usual course of action in these circumstances.

The posters RAS refers too above, have all had there debts written off, as they were either taken out fraudulently, or under duress, or by identity theft, they may not be identical situations to yours, but the principle remains the same.

You should send letters asking for these accounts to be terminated due to the circumstances in which they were accrued, do this as a matter of urgency, and this should be your only response to this.

Lifebegins123

Thank you @RAS and @sourcrates so much. I’m worrying myself to death with this. Appreciate the advice and will take it. I’ll let you know how I get on. 

sourcrates

And don`t be put off if they say no at first, these things can be more of a marathon than a sprint, it may take time, it may not, but the best advice is don`t give up.

Lifebegins123

Hi, I'm back again! Followed your advice, sent my write-off requests and lots of evidence of DV and have been waiting for responses from creditors.

So far Nationwide have agreed - I'm so happy!!!

but NatWest have refused. Got quite a terse response from NatWest that it's not their usual policy to write off debts so unable to agree and I could continue paying £1 pm for another year on both credit cards in the meantime (total debt is approx £13K). Is there anything I can do to get them to reconsider? One of my NatWest CCs is almost 30 years old, the other is 17. I've been in default with NatWest since June 2021 and they haven't sold the debt (they've been aware of my domestic violence situation since I contacted them in September 2020 and I've been dealing with their specialist team). I've read on here (but would appreciate confirmation/advice) that I might not even be able to negotiate the debt down to offer a % F&F settlement as it's not with a DCA.

I'm so stressed with this that I'm not sleeping - and I'm still waiting on 2 more responses! Any help would be gratefully received. thanks.

RAS

Patience. This won't happen overnight. 

Leave it a year or so and do CCA requests?

Lifebegins123

Thanks for the prompt response @RAS but I need to clear the debt, one way or another, otherwise I can't get my abusive ex-husband off my mortgage. I'm under pressure to do so within the next 6 months and I really need to for my sanity as I've had years of hell and just need to get this done and dusted. 

Could I ask them to reconsider the write-off and whilst doing so ask for CCAs for both accounts? 

I wish I'd found this forum a few years back as I'd probably be in a much better position now, but I am where I am!

Lifebegins123

Any advice available please?