Author Topic: am i liable to pay wifes debt?  (Read 1786 times)

archie123

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am i liable to pay wifes debt?
« on: Aug 02, 2010, 05:47:53 PM »
hi and thanks for reading , first some background info
 
my wife took out a loan with cahhot some years ago before we met/married , we have been paying this debt/loan of as per the agreement for 4 years by direct debit
 
santander recently (im assuming) took over cahoot an wrote to my wife telling her that she has to pay  the loan and that they require immediate and full payment of the balance £5000???
 
we offered to carry on paying as usual but they said they dont do "long term agreements"
 
anyway this debt has now been passed onto a company called Apex , they wrote to us today so the wife rang them and to cut a long story short put the phone down in tears
 
After trying to offer some kind of monthly repayment she was spoken to like a five year old
 
i have no debt myself all we have is this "loan" because of the way we have been treated i want to be as difficult as possible back.
 
am i liable for this debt , will i have to include any of my earnings in the forms we are about to send off with earnings outgoings etc to try and arrange some kind of monthly repayment
 
they say as im supporting her now i have to pay , they also say our child benifit is counted and regarded as savings so that will have to be included too
 
dont get me wrong , i want to pasy this debt off , but the way my wife has been treated by santander and now apex i want to make it as difficult as possibe, these people are horrendous (i know its their job)
 
so basically am i liable? do i have to include my wages (as small as they are\) in our letter , even so we can only afford £40 a month and i know they wont accept this , i wish they would just take us to court so we can stop worrying to be honest
 
thanks for any advice it will be gratefully received
 
Darren

ajgraves

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Re: am i liable to pay wifes debt?
« Reply #1 on: Aug 20, 2010, 07:54:07 PM »
Hi Darren,

Firstly sorry to hear about the situation.

Secondly, the company are saying that you are liable due to you supporting your partner but unless you signed as a guarantee for your wife at the time of inception, they are simply playing the scare tactic, something that must be taught at training.

I would make sure to read over the papers that were signed at the time of acceptance by your wife, many people don't know it but they have a payment protection clause in there and it can force companies to have to meet with a suitable, manageable amount that you can afford.

At the end of the day the company are looking to claw back their money but threaten you too much and force you into bankruptcy, they will get nothing. Remind them of that...

Good luck
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AshleyPark

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Re: am i liable to pay wifes debt?
« Reply #2 on: Aug 23, 2010, 05:12:31 PM »
Hi Darren,
 
Sorry to hear of your plight, Your situation does sound a little strange but at the same time entirely believeable in today's times!
 
You would be required to declare your earnings and any credit commitments that you have as the lender will look at the household income and expenditure.
 
Have you been to the cab?  Might be worth trying to get an appointment with them or seeing a local solicitor if they offer a free initial consultation to go over the letters and agreements you and your partner have.
 
Lee
Ashley Park Debt Solutions Ltd
 http://www.ashleypa

Steven Jackson

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Re: am i liable to pay wifes debt?
« Reply #3 on: Aug 23, 2010, 06:19:43 PM »
Hi there Darren
 
As Lee has said, you are definitely not personally liable for debt your wife has taken out in her name.
However, from what you have said, I assume she has not been in a position to repay the debt as per the origional agreement and hence a reduced payment plan was agreed.
 
Unfortunately and creditor is allowed to change the terms of a reduced payment plan (or debt management plan) deal at any time.
 
What they have asked you for is not unusual. The collector s trying to make sure that both you and your wife are paying a reasonable share of the household expenditures based on your earnings. Your wife's ability to pay can not be unfairly reduced by arguing that she is paying more than her fair share of the bills.
 
Once a fair split of the household expenditures is established, then her disposable income should be put towards the debt. You do not have to put any of your disposable income towards the debt if you do not want to.
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