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PostPosted: Sat Mar 01, 2008 12:12 am 
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My eldest stepdaughter has recently split from her partner. It has always been a stormy relationship and the relationship ended very badly. He is a vicious and cruel person and she ended up having to move back to her mum's as he threatened her with a knife. It's a very long story and she has been through hell with him the past few weeks. Anyway - they have a lot of debt (she knows she has been stupid allowing this to happen) a 125% mortgage plus other large loans. The house is up for sale but no interest in it as yet.
Today he has quit his job, trashed the house, taken his belongings and absconded - no one knows where he is but he has left her in no doubt that he has no intention of honouring his half of the debt.
She is devasted and has no idea where to turn. Bankruptcy is not an option for her as it would mean she will lose her job which she loves.
Sorry for the long tale but I was wondering if anyone out there has any legal expertise that could tell me where she stands or if anyone has been through anything similar that could offer any advice. Tomorrow we will help her contact all their creditors and advise them what has happened.
I would actually like to rip this scumbag's head off with my bare hands but that wouldn't really help :roll:

Julie x


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PostPosted: Sat Mar 01, 2008 12:51 am 
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Julie, what about her going to Citizens Advice Bureau, or going to see a solicitor.

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PostPosted: Sat Mar 01, 2008 12:57 am 
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Where is she living first, get all the papers to-gether and keep them safe, change locks and inform the Police, get to a solicitor or down to C.A.B.

You might find a call to one of these debt buster firms may be of help.

This must be done ASAP

Why would bankruptcy cause her to lose her job, you may find that is the only way forward.

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PostPosted: Sat Mar 01, 2008 1:06 am 
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Thanks Guys

Spoken to Citizens Advice but not much help really. Trying to get her to see a solicitor asap. We want her to go to the police but she is a big fragile at the moment and we don't want to pressurise her. She is living at her mums and we are going to clear out the furniture and change the locks tomorrow. That way at least if the house is empty she doesn't have to pay council tax. Her job involves working with money and one or the terms of employment is that you are not allowed to be bankrupt. Her sister is going to sit her down tomorrow to make a list of creditors and contact them one by one. We are trying to track him down although to be honest if I saw him now I wouldn't be responsible for my actions. :twisted:

Julie


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PostPosted: Sat Mar 01, 2008 2:16 am 
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Sorry to hear of this bad news.Trying to look from outside in i would contact the loaning bank on mortgage and let them know.They may freeze mortgage and you only pay interest.

Contact all loan companies with same info and you may find they will have a sympathetic ear if you are up front.You can also see a solicitor on 30 min free advice prior to any further action.Also if other half is joint holder ie joint accounts and on mortgage he is also responsible.

The law applies if you live together 6 months you are considered commonlaw.If your relative feels threatened go for court injunction also and the if he trespasses he will be arrested.

This is only food for thought and legal advice should be taken not Citizens advice.

8)

I have also spoken to my wife and debt busters will not get involved as mortgage lender has first claim to mortgage and any other debts ie visa etc interst rate would be astronomical

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PostPosted: Sat Mar 01, 2008 2:51 am 
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Julie I don't mean to intrude but if your stepdaughter has been experiencing physical/emotional/psychological abuse what she may need is practical advice and support to help her think about her options. Check out this link it may help, I work in this arena and often it can help just for information there are sections that provide you with advice on how to access emergency and temporary housing (including refuges), how to sort out money worries and debts, and how to obtain injunctions and orders that can help her feel safe.
Understanding what practical support and information is available is often one of the first steps to her gaining independence she will also get access to legal support. Hopefully she can then take steps towards ending the fear in her own time.
Tell her to have a look they cover the Manchester area, hope it helps
http://www.endthefear.co.uk/home/index.html
Alison
:wink:

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PostPosted: Sat Mar 01, 2008 2:56 am 
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Cheers alison all under one roof for julie.But mortgage lender i would go direct and inform straight away.

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PostPosted: Sat Mar 01, 2008 3:03 am 
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Your right they can be really accommodating it often depends on the circumstances and no one can take what you haven't got??

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PostPosted: Sat Mar 01, 2008 3:08 am 
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Know what you mean alison but they first charge..I am sure it will all work out if all the procedures are covered and you have put great link forward.

:D

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PostPosted: Sat Mar 01, 2008 1:25 pm 
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DO NOT GO TO A DEBTBUSTERS TYPE COMPANY, THAT WILL END IN TEARS. REPEAT, DO NOT GO THE ONE OF THESE COMPANIES

For a whole host of reasons, however essentially they will charge you a substantial fee for something you can do equally well yourself or for free from the CCCS, Consumer Credit Counselling Service, which is a charity designed specifically for this.


http://www.cccs.co.uk/

Check the employers regs on bankruptcy as they may well have a provision for a managed entering into Bankruptcy, IVA or similar position.

If further help needed, pm me.
cheers

Incidently I hold a consumer credit licence with the relevant boxes for debt recovery, debt counselling ticked.

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PostPosted: Sat Mar 01, 2008 3:49 pm 
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I agree that the creditors need to be told what has happened ASAP - unfortunately you are legaly responsible for your partners debts - even those you don't know about and whats worse this goes on all the time you have joint bank accounts and its very hard to close these without both signatures/proof of ID, even when you are divorced.

A debt counseling sevice (not the loan type) should be able to help and a court injunction to keep him away from her by the sounds of it.

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PostPosted: Sun Mar 02, 2008 2:50 am 
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Of course for some informal information sharing you could try:
http://www.consumeractiongroup.com

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PostPosted: Sun Mar 02, 2008 2:56 pm 
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Julie,

How awful for your step-daughter - but she obviously has a caring family around her who are prepared to help. She will need to take this one day at time, sorting out her emotions will probably take precedence over the practical things.

Some good advice already given here, please DO NOT approach any companies who advertise on TV to sort out the debt, they take a huge commission. Do look on http://www.fool.co.uk/ 'Dealing with Debt', there are legal, financial, and CAB advisors on there who give free expert advice on all things related to debt and finance, and they have heard it all before.

Also if your step-daughter has been physically abused then she should seriously consider obtaining an injunction order, no-one deserves that, no matter what has happened.

Hope this helps

Pam :)

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PostPosted: Sun Mar 02, 2008 3:52 pm 
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Thanks everyone. I knew my PP buddies would help.

I have passed her the website details some useful stuff there. Things are looking a little better now. It seems that a while ago they consolidated most of their debt and now it is mostly the mortgage and 1 other secured loan both of these from the same lender. As he worked at a bank he took out a staff loan whic had her name on as well. She has spoekn to his employer who say that he alone is responsible for the repayments on that one. She had contacted the Building Society who have agreed to just accept her half of the mortgage and loan repayments for the next 3 months after then they may instigate repossession proceedings if a buyer hasn't been found by then. A solicitor has told her that him becoming a bankrupt doesn't auromatically mean she has to just because their finances are joint. Also if they find a buyer and he can't be traced to sign the papers a judge could grant her power of attorney to sign for the sale on her own. There is no equity in the house so no money coming to him. Personally I thnk the longer he stays in hiding the worse he will make things for himself.
We have changed the locks on the house and cleaned it up - to say he left it in a disgusting state is an understatement !
Anyway thanks again guys

Julie x


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PostPosted: Mon Mar 03, 2008 1:40 pm 
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Hi Julie, I missed this thread earlier but I'm pleased to see most things are in hand now which is good.

I have first hand experience of such a situation and spent 9 months in a refuge myself. I got a lot of help and support from http://www.womensaid.org.uk who were excellent. If there is anything your step-daughter is unsure of they can give practical advice and assistance if needed.

I wish her all the best.... I never saw the light at the end of the tunnel in the early days, but my life has turned around big-time and although I never forget what happened, I have been able to deal with it and move on, which is the most important thing.

She is lucky to have so much support, good luck to her, she will be fine!

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PostPosted: Mon Mar 03, 2008 10:03 pm 
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Helen

Thanks for your kind words.
She is feeling much brighter now and she knows she has all of us looking out for her. Personally as long as she can sort her finances out we hope the scumbag never reappears and goes back under whatever stone he crawled out from under in the first place.


Julie x


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PostPosted: Mon Mar 03, 2008 10:20 pm 
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Julie

My friend went through similiar, but in Scotland where the laws differ. In the end she came out of it ....a stronger person and happier with all the support she didnt realise was around for her. I wish your step daughter and your family well.


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PostPosted: Mon Mar 03, 2008 10:54 pm 
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Thanks Maureen

Julie x


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PostPosted: Tue Mar 04, 2008 2:12 am 
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just a quick note if your step-daughter is left with a house with no equity and she will struggle to pay bills etc I have seen many clients who have sold their property prior to repossession and the local authority will not consider them for accommodation or re-housing even there was no profit in the sale. The families i work with have had children to consider also, so this may not be relevant in your situation just a though.......hope she goes on ok....

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