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Our son has various debts from when he lived away from home. He has been living at home again recently and we have been trying to help him clear these debts. Now he has left home again can his creditors have any claim on our property? — by Maria Mason — last modified 2008-12-08 16:24

Our son has debts in relation to an unpaid loan, overdraft, rent arrears and housing credits from a period when he lived away from home. He has recently been living at home again and we have been attempting to pay these debts off by instalments. He has now "flown the nest" again and we have told his creditors he is no longer at our home address. Do his creditors have any claim on our property? Can they send bailiffs to our house?

What are the implications of a charging order and should I challenge it? — by Maria Mason — last modified 2008-12-08 12:17

What are the implications of a charging order and should I challenge it?

I have a charging order on a domestic property jointly owned by a married couple. No payments have ever been made. How much will it cost me to implement a forced sale? — by Maria Mason — last modified 2008-12-03 13:43

I have a charging order on a domestic property jointly owned by a married couple. I understand these have a lifetime of approx 12 years. I also understand the wife is not liable for any of her husband's debts. The debt is now several years old, is accruing interest monthly and no payments have ever been made. How much will it cost me to implement a forced sale? What are the chances of the Judge approving this action when both parties occupy the house? I have the first charging order, but another creditor has another charging order.

I took out a loan to purchase a car for my ex-partner. When we split up he gave me the payments on a monthly basis. He has now stopped making these payments. How do I go about recovering the loan which is in my name? — by Maria Mason — last modified 2008-12-03 11:57

I took a loan out with an ex-partner to purchase a car. We split up and due to him having bad credit he could not take over the loan so I continued to pay the loan with him giving me the repayments on a monthly basis. He is now not working and has stopped paying the loan repayments. Am I entitled to the car to settle the debt? The car is in his name but I can prove that the loan was taken out to purchase the vehicle. How do I go about recovering the £4,000 loan which is in my name?

I had a limited company that purchased a house to let. The company ceased trading and the house was repossessed. What is my ex-company's liability regarding the shortfall? — by Maria Mason — last modified 2008-12-03 10:44

I had a limited company that purchased a house to let to students. The company ceased trading and the house was repossessed and sold by the building society. The building society now wants to charge the company the difference between purchase and sale. What is my ex-company's liability please?

I am trying to obtain a copy of my credit agreement from a firm of Solicitors who are acting on behalf of one of my creditors. What are their legal responsibilities to supply this? — by Maria Mason — last modified 2008-12-01 16:39

I am trying to obtain a copy of my credit agreement from a firm of Solicitors who are acting on behalf of one of my creditors (under Section 77(1) of the CCA 1974). The law firm say that the debt has been legally assigned to them as an assignment of rights and not duties of the creditor under Section 189(1) of the CCA. They also say that they are the legal assignee under Section 136 of the Law of Property Act 1925. They have not sent me the credit agreement or a deed of assignment as requested and say that I must contact the creditor direct, even though the law firm are and have accepted the payments for a number of years. 1) What are their legal responsibilities to supply the credit agreement and deed of assignment? 2) What is an "assignment of rights and not duties of the creditor"? 3) If they default under the CCA time frame to provide are they commiting an offence and have they, the law firm, entered into default as per the CCA 1974 12 and 30 day provisions for supplying the information?

I had a mobile phone contract with 3G and they have put a default on my credit status. I did not default on this so how can I get my credit file corrected? — by Maria Mason — last modified 2008-11-26 14:00

I had a mobile phone contract with 3G. The company have set my credit rating status as settled but have put a default on my credit status. As I did not default on this debt I contacted the debt agency they sent my debt to for collection and they have told me that I did not default but they cannot help me as 3G needs to amend my file. 3G are refusing to amend my file so I asked Experian to contact them and 3G have now told Experian not to change it. Where do I stand?

I have a number of credit cards which I am really struggling to pay. Is there a way of getting these written off? — by Maria Mason — last modified 2008-11-20 13:08

I have a number of credit cards which I am really struggling to pay. I understand there may be a way to get the debts written off as I was mis-sold them originally. Please can you help?

Is there any time limit for when a Default Notice may be issued following a breach of a Credit Agreement taken out in 1996? — by Maria Mason — last modified 2008-11-20 12:12

Is there any time limit for when a Default Notice may be issued following a breach of a Credit Agreement taken out in 1996? The payments ceased in June 2002 and the first month without payment was July 2002. However, the default was registered in January 2003. Therefore does the time limit under s.5 run from July 2002 or from January 2003?

I'm being harassed by debt collectors in relation to a gym membership I cancelled. What should I do? — by Maria Mason — last modified 2008-11-17 18:01

I'm currently being harassed by a Leisure Company who claim I owe them £256 for outstanding gym membership. I terminated my membership in May 2007 adhering to their cancellation terms and conditions. They have written to me several times and I have responded in writing explaining that I do not owe them anything. I even sent bank statements as proof. Their debt collectors ARC Europe have now resorted to texting me. Please can you advise me on what I need to do?

I have been receiving letters addressed to my son at my address regarding debts my son has accrued. My son has never resided at my address. Will my credit rating be affected by this? — by Maria Mason — last modified 2008-11-17 12:45

I have been receiving what I regard as threatening letters, addressed to my son, at my address. My son has never resided at my address where I and my wife have lived since 1998. Apparently a notice of default has been granted against my son at my address. I have no knowledge of his whereabouts or what the alleged debt represents. I have contacted the senders of the letters and informed them that I want them to remove my address from their files. What is the legal position in respect of any effect this will have on my credit rating?

In the case of a property with a mortgage and second charge, does the first charge holder have to give permission for re-possession or can independent action by the second charge holder result in re-possession? — by Maria Mason — last modified 2008-11-11 12:04

My daughter and her husband jointly own a property with a mortgage and a second charge on it. The property is in negative equity and they both have significant other unsecured debts. The second charge company are pursuing for re-possession and a Court date has been fixed. Does the first charge holder have to give permission for re-possession or can independent action by the second charge holder result in re-possession? The first charge mortgage holder has agreed a rolling repayment of their mortgage with them both and they are keeping to this plan so far with any arrears being negotiated for a later agreement. What defence do they have against the second charge action?

Is it possible to transfer our family home into my wife's sole name to protect it against a possible business failure? — by Maria Mason — last modified 2008-11-05 13:57

Is it possible to transfer our family home into my wife's sole name to protect it against a possible business failure? The family home in question does not have any guarantees against it for the business and at the moment it is in my name.

I am being chased by a debt collection agency for an amount which they say I owe 3 mobile from three years ago. I do not believe I owe this money. What are my rights as they are threatening to take me to Court? — by Maria Mason — last modified 2008-11-05 13:38

I had a mobile phone contract with 3 mobile about three years ago. As far as I was aware this was cancelled. I then moved house and now, three years later, a debt company has contacted me to say I owe 3 mobile £149. I have checked my credit file and they have settled the account I had with them. I was not informed of any extra amount when I cancelled my contract. What are my rights as they are threating to take me to Court?

I want to change the day the bank takes my monthly loan payment as my pay date has changed, but my bank says it is illegal to do that. Is this correct? — by Maria Mason — last modified 2008-11-05 13:32

I want to change the day the bank takes my monthly loan payment as my pay date has changed, but my bank says it is illegal to do that. Is this correct? This means I will have to make two payment in one pay month.

I have two credit cards that have reached their limit and I now find that I am unable to keep up with repayments. What can I do? — by Maria Mason — last modified 2008-11-05 12:07

I have two credit cards that have reached their limit and I now find that I am unable to keep up with repayments. I have recently been awarded Disability Living Allowance but even with this money I can not make the payments. I have been using one card to pay the other and vice versa. I have contacted the credit card companies but they will not reduce the payments or interest. What can I do?

We have mortgage arrears and are unable to make the payments and our house is in negative equity. What can we do? — by Maria Mason — last modified 2008-10-24 11:28

I do not know where to turn. We have mortgage arrears and we are unable to make the payments. There is negative equity in our home and my husband requires a lot of time off work due to cancer treatment. Is there any way out of the mess we are in?

Cartel Client Revue are claiming they can eliminate all my credit card debts. Is this a scam? — by Charles Bruce — last modified 2008-10-24 11:19

Cartel Client Revue claim that they are able to write off existing balances on credit cards and loans because of new litigation that came out recently. This company is currently advertising on Smooth FM radio station. their web site is www.cartelclientrevue.com. Can you confirm that their claims are true and that it is not a scam?

I have settled all my CCJs but First Credit have sent me a demand for £1,200 — by Charles Bruce — last modified 2008-10-24 11:17

Approx. 13 years ago, I got into a state with my finances. I went to Court and had quite a few CCJs listed against my name and I was put into a position where I could not repay any of the debt, this was due to splitting up with my partner and the fact that all the loans we got out were all in my name. She would not take on her part of the debt and as it was all in my name it meant I was the sole owner of the lot. I went through County Curt who reviewed my finances and the gentleman who interviewed me used the following phrase "You cannot get blood out of a stone". Most of my CCJs have now passed and due to most of my loans being of such small amounts they were written off. I have had no contact with creditors since this episode and for obvious reasons since this event I have stuck by my means and taken out no further loans. About a month ago I got a letter from a company called First Credit who said I owed them £1,200. I have never heard of First Credit and I have never taken out a loan with them. They have now written to me to state that they are going to file to make me bankrupt. I have had no credit rating for the last 10 - 12 years due to this situation, can they legally force me down that road after such a long period of time? That's provided they have not made a mistake with someone else as I have no recollection of this company at all!

My wife has £26,000 debts and is now unemployed. Can the creditors force the sale of the house? — by Charles Bruce — last modified 2008-10-24 11:22

I recently discovered that my wife has run up credit card debts of £26,000 (none in my name). She has been unemployed for six months and has no income. She is making token monthly payments of £1 (which I provide) to each creditor. We own our home (joint names). Could creditors force the sale of our home to pay off the debts? I have some savings but nothing like £26,000. I would be willing to 'buy' the debts at a vastly reduced rate (e.g. 30%) in return for peace of mind.

My brother went abroad and has been using my address as his postal address. I am now being inundated with debt recovery letters. Will his debts affect my credit rating? — by Maria Mason — last modified 2008-10-23 15:40

Last year my brother went abroad and has not returned, he asked me if he could use my address as his postal address and would I open his mail, to which I agreed. However since April of this year I have been inundated with phone calls and debt recovery company letters to him from his creditors (some threatening to come to my home and remove goods and furniture). I have told them that he does not reside at my address, I have given them his mobile phone number and can do no more as I have been unable to contact him myself. I have written letters to each of the creditors explaining the stressful situation I find myself in and returning the mail received. Please could you give me any advice regarding this and will the non-payment of his debts affect my credit rating?

A Charging Order is being made against my property by one of my creditors. What can I do? — by Maria Mason — last modified 2008-10-23 12:45

I need help and legal advice with regard to a Charging Order being made against my property by one of my creditors even though my other creditors have not made any demands. This is the only creditor that is giving me grief and I have to attend a County Court Hearing and they have also informed the Land Registry. I would be grateful if you could advise me as to how I can best defend this avenue of action as I understand that case law Mercantile Credit Ltd V Ellis in 1987 stated that as long as payments were maintained it would be impossible for them to obtain a Charging Order against me.

My brother has used my mother's address when applying for credit etc. If he is declared bankrupt will the companies he owes money to have a claim on my mother's house? — by Maria Mason — last modified 2008-10-22 13:25

My brother is in financial difficulties and has used my mother's address when applying for credit etc. If he is declared bankrupt will the companies he owes money to have a claim on my mother's house? Will my mother have to pay his debts?

My daughter took out a mobile phone contract and has defaulted on this. Are debt collectors allowed in my house? — by Maria Mason — last modified 2008-10-22 11:52

My daughter is 19 and took out a mobile phone contract without my knowledge and using my address (as she lives here). However she has now defaulted and the company are referring it to debt collectors. What rights will they have if they try to gain entry as it is my house and she only lives here and she has no financial interest in the property? Will my address be blacklisted?

What percentage of the loan on a car do you have to have paid so that the finance company cannot repossess the car? — by Maria Mason — last modified 2008-10-22 11:10

What percentage of the loan on a car do you have to have paid so that the finance company cannot repossess the car?

I have a Royal Bank of Scotland credit card which was taken out in 2000. Is it unenforcable? — by Maria Mason — last modified 2008-10-21 19:44

I have a Royal Bank of Scotland credit card which was taken out in 2000. Is it unenforcable?

I have been considering going bankrupt and would be grateful for any advice about bankruptcy in Scotland. — by Maria Mason — last modified 2008-10-03 17:06

I have debts that are being resolved through a Trust Deed. In other words I pay £150 per month and I don't have to deal with my creditors personally. I have been considering going bankrupt and I would be most grateful if you could give me any advice about bankruptcy in Scotland, please.

Can a person escape debt successfully if they leave the country: how long will it be before the banks and other debtors give up chasing? — by Charles Bruce — last modified 2008-09-02 12:13

I have a friend from Australia, who has dual citizenship for UK and Australia. During his ongoing ventures in the UK, he managed to get himself in a debt spiral with around 2 loans worth 20,000 in total. In absence of any potential solutions to this, he has decided to head back to Australia and start a new life. Question is, the moment he lives the UK, he will obviously start defaulting. The banks will try to look for him, or even appoint debt collectors who will presumably fail in their endeavours. Could you explain what would happen at this point? Does the bank write of his debt? In other words, he is almost bankrupt however he has chosen not to hire a legal attorney to take him through the bankruptcy process, and has decided to let the lenders take whatever action they feel is necessary. So he is simply going to let nature(or system) take its course.(He is also aware hes credit record currently excellent will tarnish to Poor.) At what point would the lenders finally give up?

If my name is mis-spelled on the court papers does this affect the validity of the IVA and mean I don't need to pay it? — by Charles Bruce — last modified 2008-09-02 12:02

I was put into an IVA in the county court but the company spelt my name wrong. The middle letter of my name was spelled with a Q rather than a G. Does this affect the legality of the arrangement and mean I do not need to pay it? If the arrangement is in my sole name is my wife obliged to help pay it?

If I owe money to a credit company can debt collectors harass me for the debt at work? — by Charles Bruce — last modified 2008-09-02 11:55

I have 2 months unpaid on my car finance but have paid this month and next. Can I be contacted at my place of work as they have tried to call me 3 times now?

Tax bill of £40,000: will they negotiate and can I make stage payments or will they take my house? — by Conrad Murray — last modified 2008-09-02 10:44

The taxman says I owe them 40k which I cannot afford. I own my house which is worth around £200k but have a mortgage of £189k and is rented out to cover the repayments? Can they take the house of me? My girlfriend said she will loan me £30k to pay them off in a few months. Would they take that as an offer and would they wait?

I am being chased by a debt collection agency: what will happen if I don't pay up? — by Charles Bruce — last modified 2008-08-27 16:31

I've been receiving phone calls and letters over many months from Westcot Recovery Services threatening court action and extra interest charges if I don't settle now whilst at the same time offering me a reduced settlement figure. I haven't the slightest intention of paying these guys. Should I call their bluff and challenge them to take me to court or just ignore them?

Can I stop a debt collector harassing me on the phone? — by Charles Bruce — last modified 2008-09-02 13:09

I'm being pursued by Moorcroft for a debt which I completely dispute and my previous letters telling them I have no money have made no difference. They keep phoning up and it is my wife that answers the call. Can I stop them phoning?

What is a charge card? — by Charles Bruce — last modified 2008-09-02 12:23

What is the difference between a charge card and a credit card?

What powers do bailiffs have? — by Charles Bruce — last modified 2008-09-10 17:10

What powers do bailiffs have and who has the right to employ them?

I am being pursued by strange phone calls which I believe may come from a tracing agency. What tactics do they use? — by Charles Bruce — last modified 2008-09-02 13:16

I am being pursued by strange phone calls which I believe may come from a tracing agency. What tactics do they use?

How can I reclaim all the illegal bank and credit card charges? — by Charles Bruce — last modified 2008-09-02 13:20

I've read that the banks have been making illegal charges on my bank accounts and credit cards. How can I find out if I'm due any money back? I haven't kept any statements.

What is payment protection insurance and how do I reclaim it if I have been mis-sold? — by Charles Bruce — last modified 2008-09-02 13:27

What is Payment Protection Insurance (PPI)? How do I discover if I've been missold a policy?

What are credit repair agencies? — by Charles Bruce — last modified 2008-09-02 14:42

What are credit repair agencies? What are they likely to cost?Can I do the work myself?

What is an IVA? What are the pros and cons and what will it cost? — by Charles Bruce — last modified 2008-09-26 11:59

What is an Individual Voluntary Arrangement? What are the pros and cons? Who is it for? What will it cost?

What is bankruptcy? — by Charles Bruce — last modified 2008-09-02 14:11

What is Bankruptcy? What are the pros and cons? Who's it for ? How much will it cost?

What is a Debt Management Plan or DMP? — by Charles Bruce — last modified 2008-09-02 14:17

What is a debt management plan? Who's it for? How does it work? How much will it cost me?

If I have mortgage arrears and am in negative equity can I just send the keys back to the lender and be free of it all? — by Charles Bruce — last modified 2008-09-02 12:38

I've heard that in the U.S. that many people with mortgage arrears are just sending the keys back to the lender and are renting. Is that a viable option here in the U.K?

Are IVA's free? — by Charles Bruce — last modified 2008-09-02 12:50

My business is starting to lose money and is secured against the house which is also starting to lose value. I have telephoned and spoken to a couple of companies who suggest an IVA is the best thing for me. However they wont say how much reduction I will get and insist that the IVA is free to me and that the mortgage company pay. The mortgage company say I will be the one who pays. Who's right?

Are the files of the 3 credit agencies the same ? — by Charles Bruce — last modified 2008-09-02 14:35

Do the credit agencies Experian,Equifax and Callcredit all have the same information or do I have to pay 3 times over?

The entry on my credit file with Experian is incorrect. How can I correct it? — by Charles Bruce — last modified 2008-09-10 16:19

I have checked my credit file and there are discrepancies between when I stopped paying and the entry entered on Experian's file. How can I put the record straight?

I have debts here in the UK and I am going back to South Africa. Will my credit rating there be affected? — by Charles Bruce — last modified 2008-09-10 17:17

I have a large amount of unsecured debt in this country (probably about £40,000). I've sold my house and am going back to South Africa. Will my credit rating there be affected?

Is the best I can hope from a debt management plan the freezing of interest or can I get a reduction in the overrall amount owed as well? — by Charles Bruce — last modified 2008-09-02 13:43

I have 2 months of mortgage arrears with Abbey National plus credit card debts with Citibank, MBNA, Virgin and Alliance and Leicester totalling £6000 plus and am now unemployed. Is the best I can hope for the freezing of interest? Is their reducing the debts out of the question?

What is the best way to deal with unwanted phone calls from debt collection agencies? — by Charles Bruce — last modified 2008-09-02 13:51

I have a number of Debt Collection Agencies writing to me and phoning but their approach is so aggressive that it instils in me a desire not to pay anything at all rather than the little bit I could. Is there anyway I can get them off my back or get them to call less often?

How long a period must pass before debts can no longer be collected? — by Charles Bruce — last modified 2008-09-26 14:54

How long a period must pass before debts can no longer be collected?

If I miss a credit card or debt repayment how long does it take before my credit rating is affected? — by Charles Bruce — last modified 2008-09-02 13:35

If I miss a credit card or debt repayment how long does it take before my credit rating is affected?

A debt collector has been brought in and offered to let me settle for a reduced amount: Does that mean the debt is cleared and how will that affect my credit rating? — by Charles Bruce — last modified 2008-09-02 14:09

A debt collector has been brought in and offered to let me settle for a reduced amount: Does that mean the debt is cleared and how will that affect my credit rating?

Once a debt collection agency has been called in does this mean that the bank issuing the credit card is no longer chasing me? — by Charles Bruce — last modified 2008-09-02 13:58