Some 14 years ago my flat was repocessed a few years later dlc contacted me looking for the debt although the halifax was insured against the loss I had to cover the remainder, I have always paid a minimal amount every month, every year they contact me to increase my payments and are very heavy handed about it, todayI received a letter telling me that as I have failed to fill out the life tyle report as requested they have instructed an agent to call and see me.

This debt occured before I met my husband and is in my maiden name and my husband feels he should not be punished financialy for the debt has any one any advise

-- clare joy (dave.joy@ntlworld.com), March 31, 2004

Answers

Your husbands finances are nothing to do with the debt.

This is especially true if you yourself are working

However if you are a 'housewife' a court if judgement was granted could deem upon oral examination that a small proportion of your husbands income is a contribution towards your role in the 'family unit' and deem that an amount of this is payable towards the debt per month.

But thats assuming the lender takes you to court! do you have assetts or spare cash to loose - if the lender knows from past correspondence with you that you have something worth taking they will probably take to court at some point. As unfortunately every time you have made another payment to DLC you have acknowledge their claim and reset the 12 year limitation clock.

I would suggest that you read up on previous messages on this site regarding limitation.

If you have particular queries im sure someone on this board will help.

-- who?? (who@idontwanttosay.com), March 31, 2004.

Oh by the way.

'Instructed an agent' in majority of cases doesnt mean much and is usually a bluff.

Also if you have never received a money judgement for this alleged debt - who are they to think they can demand your lifestyle and financial details by knocking on your door?

If you have nothing to loose (assetts) and are not worried by the thought of a potential CCJ (as you are financially linked this would also affect your husbands credit file) tell them to put anything they wish to discuss in writing and ask them to get off your land as they are tresspassing otherwise you will phone the police!

-- who?? (who@idontwanttosay.com), March 31, 2004.