[ Post New Message | Post Reply to this One | Send Private Email to Too scared to say | Help ]

Response to Should he consider bankcuptcy?

from Too scared to say (iwasduped@yahoo.com)
Kate get another solicitor - this one clearly has NO clue as to your true options. There are differing legal opinions as to whether your assets can be included in any proceedings. The Lender can apply to include your income in any assessment of ability to pay, but since I went through this hoop a few years ago, I understand that bankruptcy proceedings (a separate issue entirely) will not affect you where the property included in your husband's list of assets (ie goods and chattels) is not of joint and several ownership..hint hint.

The Official Receiver can (and does) take everything - Hi Fi's, TV's, car etc. If these items are *yours* and not your husband's, then he must not and should not list them.

All that said, I don't think you should even consider bankruptcy as an option. From your previous posts, I would fight this tooth and nail and don't let them back you into a corner and stymie you financially for years to come. They have to prove the debt and take many more steps before it comes to pay-up time, and I would guess that they will accept a much much lower settlement figure anyway. You live in HA property and have no significant assets - what can they do to you really? I know it's stressful hassle but I'd call their bluff...your SARN's may yet turn something up. Had I had the info on this site years ago I would have fought harder than I did - which was pretty hard considering I had no resources to draw on at the time! B&W are trying to scare you into admitting liability as someone else said on another thread. Just make sure *your* name appears on no letters, documentation or anything and that any correspondence regarding this matter is signed by your husband, copied and sent recorded delivery.

(posted 8251 days ago)

[ Previous | Next ]