Unexpected letter - advice needed.

abitworried

This is my first post, I am however a lurker on the OS board. I have never really had the need to ask advice before this morning.....

I moved into a rented house with my OH in October and have never had any reason to believe he may be in financial difficulty, he has a current account with CG card etc and 1 credit card (with a sensible limit) with the same bank - no other credit/finance to speak of. This morning there was a letter waiting for him from a debt collection company requesting nearly £11,500 on behalf of a company called HBOS quoting an address I know he shared about 4/5 years ago with his ex-wife. I have asked him to come home at lunchtime so we can discuss this (and anything else that might be hiding in the closet) before my children come home from school.

I love him and i'd stick by him no matter what, he has obviously not told me about his problems as he didn't want to worry me/was embarrased but he will be made aware that hiding things (esp that effect the whole family) is not acceptable.

I'm just wondering what the best course of action is for dealing with this letter specifically is? Should I get him to phone and offer a repayment plan or is there some other better way? I'm also wondering how they managed to track him down here after all that time, we're not even on the electoral role yet.....

Thanks in advance for your replies.

CLAPTON

this must have been a terrible shock for you but
don't be hasty.
find out the full facts.
although the debt collection people will press for a quick results its better you think through the full situation with your partner after gathering all the facts
come back here and post the full details in due course

RAS

Hi

He probably thought that this was no longer enforceable.

I would strongly advise you and he against making any telephone contact regarding this debt until you have proper advice.

HBOS is a major bank - Halifax Bank of Scotland. Depending on when the debt was incurred and how long it is since he and/or his ex-wife paid anything towards the debt or otherwise acknowledged it, the debt could be unenforceable - the time limits are 5 years in Scotland and 6 years in England and Wales.

The complication could be if this was a joint account, it is possible that his ex has acknowledged the debt in some way and therefore rendered him liable to pay. If they divorced, the situation regarding outstanding debts should have been sorted as part of the financial settlement.

if you want to know what else is in the wood work, it might be wise to get both your credit checks.

tyllwyd

It must have been a nasty shock to find out about this.

But I think all you can do for the moment is to wait, and find out from him what the situation is. When you have all the information, the two of you will be in a much better position to make a decision on the way forward.

angelavdavis

The first step is to establish that the debt is actually your partners and not his ex's debt. HBOS is Halifax Bank of Scotland. The DCA will need to prove this by providing you with a valid signed copy of the credit agreement. The following format letter should be adequate to request this information



Account No:

4563210025897412

Dear Sir/Madam

I do not acknowledge any debt to HBOS or your company.

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that
under the Consumer Credit Act 1974 [sections 77−79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

abitworried

Thanks so much for the advice, will post after lunch with further details!! x

kittiej

I agree, don't jump to any conclusions just yet.

Let him get home and sit down and try to get to the bottom of it.

Does he have dealings with his ex wife still or no?

Is she a devious type or is he like a lot of us really forgetful?

Hope it sorts itself out for you.

floss2

Can I just ask - was the letter addressed to you, to both of you, or to your OH?

I was just a little concerned that he may be a bit annoyed because you have opened his post......

abitworried

It was addressed to him, but we both open each others...there was no secrets. Until now. I think he was just as surprised as me as he obviously wasn't expecting them to catch up with him here. He hasn't had any dealings with his ex for years, she's married to someone else now as far as we know.