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Posted: Wed Aug 27, 2008 4:55 pm
by worryhead
Hi all, i have a friend who is living in someone elses house, has 2 children and is working full time, she recently found out that her ex husband who kicked her out of there joint mortgaged house 2 years ago has now just been declared bankrupt. She is now being chased for the remainder of the money owed after the house was sold which is £24900, she is in bits and really has no idea what to do, i said i would check on here to see if i can get some advice, the only problem is, is the guy she is living with now owns his house (well sole mortgage) but she has put her name in on the credit for all the windows at the property, would this have any effect on a possible IVA as he is managing to pay everything himself. Hope i have made sense [:)] Hope you can advise x

Posted: Wed Aug 27, 2008 5:03 pm
by Viki.W
Hey Worryhead, how awful for your friend. Does she have any other debts or is it just the mortgage one?

Posted: Wed Aug 27, 2008 5:11 pm
by worryhead
Thanks for your reply [:)] i think from what she told me it is just the mortgage, but she did say there was a few old debts of council tax, water, utilities. But the main bulk of it is the mortgage. She is just so shocked as he does not bother with the kids anymore and she has not heard from him for over a year, he has not paid any child support either. She only found out when the letters have started rolling in, she has tried to contact him but no one will in his family will give her his details. She is just so mad that this has all been passed on with no warning. She has not paid anything yet and her new partner has told her to leave it as they cant take what she has not got, but she is panicking about what they can do while she ignores this. I told her not to ignore it and seek advice, but with the shifts she works she has no time to do it, so i am trying to help if i can.

Posted: Wed Aug 27, 2008 5:20 pm
by Viki.W
Worryhead, she really needs to talk to someone about this, the CAB would be a good start but if she is struggling with her debts, expecially now, you could maybe ask her to call Melanie's office for some advice. They can call her back at a time convenient to her so she doesn't have to worry about her shifts. Please hang on for someone more in the know who can advise you. ~Your a great friend to want to help. X

Posted: Wed Aug 27, 2008 5:27 pm
by worryhead
Thanks [:)]
I think its because i had stress of debt too before this and mine was due to someone else too, really dont want her to make herself ill with worry over it too. Especially since she has 2 young kids, luckily i am on my own so its just on me. Her partner is not to supportive in this, i cant belive he said "ignore it, its not like they can take you to prison as you have nothing" yeah big help mate[}:)]

Posted: Wed Aug 27, 2008 9:39 pm
by MelanieGiles
It would seem that bankruptcy might be your friend's best option in the circumstances. This is very similar to something which happened to a friend of mine a few years ago - I went to Court with her with her petition and that was the last she heard of the debt. Her credit rating was affected for a while but she is now a user of credit cards again in a responsible manner, so no real long term problems.

Posted: Wed Aug 27, 2008 10:48 pm
by size5
I get a little perturbed about men (or women) who refuse to face their child support obligations. You may wish to check the Insolvency Register for his name and last known address, but I would advise you to take advice directly on this and other matters as your first post indicates that there may be joint debts in the new relationship at the the new address.

Regards.

Posted: Wed Aug 27, 2008 11:41 pm
by worryhead
Thank you for your replies, i completly forgot about the register, we found him [:)] now she can pass his details on to CSA and hopefully get some money for his children. Dont know how this works since he is bankrupt but surely they can get something, at least thats one thing that has made her smile in all this. Yes she now has a joint debt with her new partner, will her going bankrupt effect her partner?

Posted: Wed Aug 27, 2008 11:55 pm
by size5
If they have joint debts, then he will be joint and severally liable for them, which matters not a jot if he is willing to pay them in the event of her going bankrupt.

Regards.

Posted: Wed Aug 27, 2008 11:59 pm
by worryhead
Thank you, he is fine with paying them he just did not want the bankruptcy to effect him to. thank you so much for your help and advice, i will get her to sort this out as soon as she can [:)]

Posted: Wed Aug 27, 2008 11:59 pm
by MelanieGiles
Well done Mike - a good example of how the Register can be helpful I suppose. And bankruptcy does not stop him having to pay child support.

Posted: Thu Aug 28, 2008 12:08 am
by worryhead
It just gets better [:D] thank you Melanie, she might sleep a little better tonight. This forum is fantastic, its so informative and helpful, and i think its fantastic that you are so dedicated to helping everyone even at all hours of the night. You deserve an award, i have never known someone to care as much as the experts on here. THANK YOU [;)] x

Posted: Thu Aug 28, 2008 12:21 am
by size5
Thanks Mel, I do tend to get a bee in my bonnet about this particular subject.

Regards.

Posted: Thu Aug 28, 2008 12:23 am
by look_divine
my sisters hubby changes jobs everytime the csa send her a letter stating how much he has to pay, then she has to go through all the motion again and again think in the last 12 years shes had about a years maintenace off him
some people just know how to do it

Posted: Thu Aug 28, 2008 12:29 am
by size5
However clever some people think they are, there is always a price to pay one way or the other.

Your sisters hubby may, for example, find himself having never paid a penny child maintenance, or very little, but if he keeps changing jobs to avoid it will find himself with little or no private pension income when he retires.

Oh well, what a shame.

Regards.