Terminal Illness and debt

[Southwest4]

We've gone from 2 full time wages to none. I was made redundant and while looking for another job my husband collapsed and ended up in hospital for several weeks and diagnosed with cancer.
two years on after many surgeries and chemo the plan was to cure him, but his cancer has come back and now terminal.

I had been keeping up with a bit more than minimum payments during this time as I've used my redundancy and the small critical illness payout he received after clearing the last bit of our mortgage.

But now the money is all gone, tbh we thought we'd both be back at work by now.

He has a credit card and next account in his name, we can't afford to pay the minimum payments and I've contacted them explaining situation, have yet to hear from credit card but next said I can deal with account, they want to register my name o n the account as I do have power of attorney but they want to know why he can't talk to them on the phone or deal with the arrears himself and whether he sees his situation changing in the next two years!! His prognosis is months to 3/4 years but probably somewhere inbetween according to his oncologist, so yes his situation may change ( they need a couple more scans to get a better idea of disease progression)

we have universal credit but he isn't terminal enough to fast track pip, I have applied but could take months to hear and may not be successful until he is 6 months terminal.

My question is what is the best way of dealing with this, we can only offer a token payment monthly right now and with everything else going on I can't deal with the worry of court, bailiffs etc. I'm currently having treatment for anxiety, the last two years have caught up with me.

If they don't accept a token payment, which I doubt they will, what is the next step.

Any help would be very much appreciated.

[echat11]

Hi Southwest4

Firstly try not to worry, secondly think positively about things. Doctors can be wrong regarding prognosis.

First thing, don't speak to the creditors over the phone. How old are the accounts?

Don't do the following 'next said I can deal with account, they want to register my name o n the account as I do have power of attorney'.

The good thing is that these aren't priority debts. So if you can only afford to pay £1 a month so be it. What you have to do is fill in an income and expenditure form to show what you can reasonably afford.afford. Don't let the creditors bully you, no bailiffs will be calling.

Here are some templates that you can amend and send. Make sure you get Proof of Postage.

https://www.citizensadvice.org.uk/de...-to-creditors/

There are other things you can do, but we need to know how long the accounts have been active.

Also post on the thread what you intend to do before doing it.

[Southwest4]

Thank you for your quick reply.

so although he's not able to deal with the debt, his treatment makes him so tired and confused sometimes, I don't let them put it in my name?
With the credit card, the account is in his name but I have a card for it in my name

Both accounts have been active for years probably atleast 10 if not more.


I will look at the templates thank you.

[echat11]

Leave the accounts as they are.

For both accounts do the following:

A) Send a CCA request they have 14 days to provide you with a copy of your original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

B) Send a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[Southwest4]

Do I do the cca and sar before I send a letter saying I'm in financial difficulty, sorry so many questions

[echat11]

Do I do the cca and sar before I send a letter saying I'm in financial difficulty, sorry so many questions

I would send the financial difficulty letters first (remember to amend them to suit your personal circumstances / add info if you need to).

Make sure you get Proof of Postage. Then the CCA / SAR requests, a day or so later.

[des8]

Don't forget these are your husband's debts and so it is his financial details that go on to the i&e form,
Do not include any of your income
Do not agree to take over or assume responsibility for any of his debts

[MIKE770]

Is wife liable for husband's debt in UK?

You are not legally responsible for your partner's debts unless they are joint debts or you have acted as guarantor. It doesn't matter whether you are living together nor whether you are married – one person is not responsible for another person's debts.

ignore companies who ask will you tak ethem on, if they do report them to regulators,

[Southwest4]

Hi no response from either next or barclaycard to the cca request, infact no real response to the letter explaining our circumstances.
barclaycard just send a letter saying they notice we've paid less than the requested amount, I'm paying a token amount at the moment and next have sent the standard email asking for us to explain why my husband can't pay and if someone else can be named on the account to deal with it.

The cca requests were received on 22nd Feb, the sars on the 27th.
neither have stopped interest which i asked them to do for some breathing space while i sort out my finances.

What's my next step?

[echat11]

Make formal complaints to Barclaycard and Next.

Send the letter found in the link, amend it to suit your circumstances. Make sure you mark it as Complaint. Make sure you get Proof of Postage.

https://debtcamel.co.uk/creditor-wont-freeze-interest/

[Southwest4]

I will make a complaint but what happens that they haven't replied to the cca request etc?
do I just carry on making the token payment I can afford at the moment and wait and see what happens?

[echat11]

I will make a complaint but what happens that they haven't replied to the cca request etc?
do I just carry on making the token payment I can afford at the moment and wait and see what happens?

When were the accounts opened?

[Southwest4]

atleast 15 years ago

[echat11]

You could consider sending the following chase letter - see what they send / say, then stop making payments. Make sure you fill in the date in the following **12 days DATE** . Make sure you get Proof of Postage.

'Dear Sir/Madam

Re: XXXXXXXX

Request under s77/78 of the Consumer Credit Act 1974

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

The Act requires that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated XX/XX/XX. Upon receipt of the original request the specified account legally entered into a disputed status.

My request remains outstanding.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true copy of the credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request.

To sum up, I will not be making any further payments to you until you provide me with the documents I have requested.

I would appreciate your due diligence in this matter.


Yours faithfully'