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  1. #1

    Can They Take My money

    Hi all, sorry if this sounds a bit like I am stupid but until a few months ago my husband looked after all the finance's. He has been diagnosed with Vascular Dementia and I have now taken control. I have a power of attorney.
    I have recently received an email via my husbands email account, which I now monitor, from a creditor asking for more money for a debt my husband accrued after defaulting on a loan of 20,000. He has a county court judgement against him ordering him to pay 10.00 a month which he has done since the order was placed in June 2008. He has never missed a payment. The debt is in his name not mine so I was wondering if anyone can help me with 2 questions. 1. He was suffering from depression at the time he took out the loans, it was obvious to anyone that he could not repay the amount from his then wages, Is there any chance of getting the debt written off as he now has a condition that will only get worse and he was not in control of his mind when he took out the loans. 2. Does my PIP and Carers Allowance have to be included in any statement of in-comings and out goings I now have to send them. I should add that my husband no longer remembers taking out the loan and it is causing him some distress. Sorry for the long winded post, any help would be gratefully received.

  2. #2
    If there is a CCJ they cannot make you pay you more, quite the opposite, if I where you I would contact them explaining the change in circumstances, and ask for it to be reduced.

    As for getting it written off, this is highly doubtful, and as it is a CCJ, Statute Barred rules don't apply.

  3. #3
    The creditor would have to apply to court if they wanted to seek any increase on the existing 10 payments originally set. You should ignore any attempts by them to bypass the court.

    Question 1: I fear your chances of challenging the legitimacy of the original loan would be very slim given the time that has lapsed since then - it would be very difficult to prove any shortcomings on the lender's part so long after the event.

    Question 2: You don't have to send them anything - see my initial comment. Either way, your personal income doesn't have to be factored in to any offers made on your husband's behalf.

    The best outcome for the time being may be to simply let the status quo of the 10 payments continue so long as that remains affordable. The creditor's hands are tied while that is the case.

  4. #4
    I doubt you can get the debt written off but check if it had PPI attached to it, you may be able to complain about it and either get some portion back, or get it paid off the original debt.

  5. #5
    Dennis and taff both make good points, and at 10 per month you've probably got more important things to deal with.

    However, you don't lose anything by letting the creditor know what the situation is and asking for a write-off


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