Struggling and need some advice about debts

[Shazzy123]

Hi guys,

im looking for some advice on debts.


I have have a number of debts in my name from a variety of services Northumbria water, council tax, catalogue, over draft costs and a mobile contract.

Okay so, a little background may be needed, these debts were ran up in my name by my abusive ex partner. I was in a relation ship with from 2010 to roughly 2013/14, he was very controlling and I was not allowed my bank cards so had no idea where money was going, my wages went in and he dealt with bills and any money he needed to spend for clothes and going out and stuff, I was given an allowance to buy food for the house, but it got to a stage where I couldn't open post, wasn't allowed to answer the phone I had no idea these things were happening until he was removed from my life. I have been to court against him, but for DV not the debts in November last year, where I was informed that due to "lack of evidence" my case was announced and not guilty, which is atrocious to be honest and has destroyed me.

Since then however, he attacked another girl and while awaiting a court date, committed suicide, which makes this more difficult.


Ive spoken to my creditors about my situation, and the common response I get is "it's in your name, it's your debt" and the latest "we cannot transfer it to (my ex) because he is deceased, and someone needs to pay". I'm not sure where to go from here as I'm really struggling to pay the bills I have already without having to worry about debt collectors showing up at the door step. I'm not sleeping due to anxiety of them knocking on the door, I can't answer the phone for fear it's them it's literally like I'm back in that horrible situation again, I just cannot leave!


I must use say however though, through all the treats etc, I've never and an actual court letter but I feel like I can't keep fighting this. Honestly by this point I've considered going the same way as my ex, if he can commit suicide and get away with all this then why the hell couldn't I?

Please if if anyone has any advice for me I'd greatly appreciate it!

[Kati]

Re: Struggling and need some advice about debts

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=48934]Debt Camel[/MENTION] ... any advice for Shazzy please??

- - - Updated - - -
[MENTION=87047]Shazzy123[/MENTION] ... please don't give up!! You'll get help and support here :_tighthug__by_darkm

[Shazzy123]

Re: Struggling and need some advice about debts

[MENTION=49370]Kati[/MENTION] thanks it's just getting so much everything seems to be piling up I'm just desperate!

[Kati]

Re: Struggling and need some advice about debts

@Kati thanks it's just getting so much everything seems to be piling up I'm just desperate!

I know the feeling :sad: ... it gets better tho!! You're welcome to come on here any time (even if you just want a moan )

I know you'll get good advice from the Beagles too :nod: xx

[Shazzy123]

Re: Struggling and need some advice about debts

I do hope they can! Thanks I'll come in even if I don't get it sorted

[nemesis45]

Re: Struggling and need some advice about debts

Good evening, welcome to LB,

I terrible story but please don't despair there's a wealth of help and experience here on LB!!!

Let's take a look at your debts one by one: Council Tax the most important, is this for where you currently live? Or for a previous address and how much is owed?

The water bill same questions ?

Non priority debt Catalogue, how much , who is the creditor?. Mobile Account who with and how much?

The Overdraft which bank and how much is outstanding?

Are there any other debts?

Creditors have a responsibility to deal with creditor fairly and with due consideration for the debtors circumstances,
In presume you have with debts been dealing with customer service operator by phone which to be blunt is usually a complete waste of time!!

Please can you list all your debts, both priority and non priority, with the creditors name and the amount outstanding then we can break this down and tackle them one by one,

Has any debt been passed to debt collectors or sold on to another company? If so please give the full details.

If you want to contact me tag [MENTION=55034]nemesis45[/MENTION]

nem

[Shazzy123]

Re: Struggling and need some advice about debts

Good evening, welcome to LB,

I terrible story but please don't despair there's a wealth of help and experience here on LB!!!

Let's take a look at your debts one by one: Council Tax the most important, is this for where you currently live? Or for a previous address and how much is owed?

The water bill same questions ?

Non priority debt Catalogue, how much , who is the creditor?. Mobile Account who with and how much?

The Overdraft which bank and how much is outstanding?

Are there any other debts?

Creditors have a responsibility to deal with creditor fairly and with due consideration for the debtors circumstances,
In presume you have with debts been dealing with customer service operator by phone which to be blunt is usually a complete waste of time!!

Please can you list all your debts, both priority and non priority, with the creditors name and the amount outstanding then we can break this down and tackle them one by one,

Has any debt been passed to debt collectors or sold on to another company? If so please give the full details.

If you want to contact me tag @nemesis45

nem

hi,

im not at home at the moment so only able to give estimes for most things unless I can find them in emails. I'll update with exact figures ASAP.

all debts are from a previous address.

Council tax im working through, with them I pay around £40 per month towards my current council tax bill and a portion towards my debt.

My water debt is £286.78.

Studio is the catalogue account and it's around £250.

The only one I'm 100% sure on is the mobile account which was a vodaphone mobile, it was passed onto Lowell portfolio, and is now with Lucas credit services. The amount is £779.97, most of which is a termination charge because when myself and my ex split up I explained I was t even aware of the phone and wanted it stopped, they sent me a letter a few weeks later saying the charged me an "early termination fee".

The bank is lloyds TSB and the amount is around £500 this has also been passed on but I'm not sure of the collection agency at the moment I'll find out.

ill let you know exact figures within the next half hour or so when I get home.

[nemesis45]

Re: Struggling and need some advice about debts

hi,

im not at home at the moment so only able to give estimes for most things unless I can find them in emails. I'll update with exact figures ASAP.

all debts are from a previous address.

Council tax im working through, with them I pay around £40 per month towards my current council tax bill and a portion towards my debt.

My water debt is £286.78.

Studio is the catalogue account and it's around £250.

The only one I'm 100% sure on is the mobile account which was a vodaphone mobile, it was passed onto Lowell portfolio, and is now with Lucas credit services. The amount is £779.97, most of which is a termination charge because when myself and my ex split up I explained I was t even aware of the phone and wanted it stopped, they sent me a letter a few weeks later saying the charged me an "early termination fee".

The bank is lloyds TSB and the amount is around £500 this has also been passed on but I'm not sure of the collection agency at the moment I'll find out.

ill let you know exact figures within the next half hour or so when I get home.

OK,

Please tag [MENTION=55034]nemesis45[/MENTION] when you have the details. I may not pick this up until the morning.

nem

[Kati]

Re: Struggling and need some advice about debts

I'll also tag [MENTION=19723]Lee Vodafone Company Rep[/MENTION] (to see if he can advise/assist with the mobile phone bill) xx

[Shazzy123]

Re: Struggling and need some advice about debts

[MENTION=55034]nemesis45[/MENTION]
have got home and found all the information as below:

Vodaphone - mobile phone contract - £779.97 - original agent Lowell portfolio now with Lucas credit services.

Council Tax - £265.50 for previous periods plus this years bill - not been passed on yet

Northumbia water - debit £286.78 plus this years bill - not been passed on

Lloyds TSB - £566.78 - overdraft - not passed on as far as I know.

Studio/Express gifts - £204.77 - have letters from both Fredrickson international and Lowell financial.

Hope this helps, thank you for your help.

[Debt Camel]

Re: Struggling and need some advice about debts

What is your current financial position like? Are you working?

Which years are the council tax bills for? Are you paying this years CT at the moment?

[nemesis45]

Re: Struggling and need some advice about debts

@nemesis45
have got home and found all the information as below:

Vodaphone - mobile phone contract - £779.97 - original agent Lowell portfolio now with Lucas credit services.

Council Tax - £265.50 for previous periods plus this years bill - not been passed on yet

Northumbia water - debit £286.78 plus this years bill - not been passed on

Lloyds TSB - £566.78 - overdraft - not passed on as far as I know.

Studio/Express gifts - £204.77 - have letters from both Fredrickson international and Lowell financial.

Hope this helps, thank you for your help.

Hello Shazzy,

The Council Tax is the most important of these debts are you making any payments at all? Has a Liability Order been made?

The Water bill (s) any payments being made at present.

LLoyds OD are charges /fees still being added? Do you know if the account has been defaulted?

I suggest that to get a picture of what the status of the " credit" debts that you check credit reference files Noddle is free online.

nem

[Openlaw15]

Re: Struggling and need some advice about debts

Hi guys,

im looking for some advice on debts.


I have have a number of debts in my name from a variety of services Northumbria water, council tax, catalogue, over draft costs and a mobile contract.

Okay so, a little background may be needed, these debts were ran up in my name by my abusive ex partner. I was in a relation ship with from 2010 to roughly 2013/14, he was very controlling and I was not allowed my bank cards so had no idea where money was going, my wages went in and he dealt with bills and any money he needed to spend for clothes and going out and stuff, I was given an allowance to buy food for the house, but it got to a stage where I couldn't open post, wasn't allowed to answer the phone I had no idea these things were happening until he was removed from my life. I have been to court against him, but for DV not the debts in November last year, where I was informed that due to "lack of evidence" my case was announced and not guilty, which is atrocious to be honest and has destroyed me.

Since then however, he attacked another girl and while awaiting a court date, committed suicide, which makes this more difficult.


Ive spoken to my creditors about my situation, and the common response I get is "it's in your name, it's your debt" and the latest "we cannot transfer it to (my ex) because he is deceased, and someone needs to pay". I'm not sure where to go from here as I'm really struggling to pay the bills I have already without having to worry about debt collectors showing up at the door step. I'm not sleeping due to anxiety of them knocking on the door, I can't answer the phone for fear it's them it's literally like I'm back in that horrible situation again, I just cannot leave!


I must use say however though, through all the treats etc, I've never and an actual court letter but I feel like I can't keep fighting this. Honestly by this point I've considered going the same way as my ex, if he can commit suicide and get away with all this then why the hell couldn't I?

Please if if anyone has any advice for me I'd greatly appreciate it!

Hello, Shazzy

So sorry to hear of your ordeal.

In contract law, you cannot be forced to sign its terms under duress/ un due influence (ie forced): Barton v Armstrong [1976] AC 104. In your situation it sounds more probable than not that he manipulated you into signing things in your name as prior to his death and for some 3/ 4 years you were in an abusive relationship, ie a genuine threat/ pressure existed: Alec Lobb (Garages) Ltd v Total Oil GB Ltd [1985]. Did you say to the creditors that you signed its terms under duress/ un due influence. What type of debts are they, ie are they bank loans, are they credit card debts. Financial institutions such as banks have a special duty to ensure you have been forced into any contracts: Royal Bank of Scotland plc v Etridge (No. 2) [2001] UKHL 44. For instance if a bank's staff member (ie TSB) is present when you put the contract in your own name they have a duty to make sure you're not forced: ibid Etridge. It's not enough to ask you if your ok going ahead the bank staff member is competent to a reasonable judgement call: Etridge

In terms of evidence, in the criminal case against your dead ex, did you have a lawyer present. Was there any evidence that he put the debt in your name or did your lawyer argue that you were unduly influenced/ under duress for the contracts and subsequent debts? Was it criminal proceeding for domestic abuse or civil proceeding, ie protection order type remedies? Or was it just criminal or both? I assume it failed because you couldn't prove domestic abuse to warrant a criminal conviction (given her attacked another lady whilst awaiting court hearing)?

[Vodafone Company Rep]

Re: Struggling and need some advice about debts

Hi Shazzy123,

I'm sorry to hear about your situation.

If you'd like me to take a look at the account with us, email me with your details via the form here: http://www.vodafone.co.uk/contact-form/. If the link doesn't work when you click on it, you'll just need to copy and paste it into your web browser.

To access the form you'll need to enter the code WRT135.

As well as stating your query in the question box, you'll also need to quote 'Legal Beagles'.

Once sent, you'll receive an automated reply with a reference number. Post back with this so I can make sure it's been received.

Kind regards,

Lee

Social Media Operations

Vodafone UK

[Shazzy123]

Re: Struggling and need some advice about debts

What is your current financial position like? Are you working?

Which years are the council tax bills for? Are you paying this years CT at the moment?

Hi Debt Camel,

I am an apprentice at the moment, but I do receive housing and council tax benefit, 2013 is the council tax bill, I pay monthly £40 for my current bill and a contribution towards my debt.