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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My daughter's husband amassed a lot of debt through gambling.

Resolved Question:

My daughter's husband amassed a lot of debt through gambling. He is out of work now and my daughter is working hard at her own business from home to pay all the bills and his debts. From what she tells me some time ago before he lost his job, she took over his debts unfortunately and now cannot cope. They have a school age daughter and a mortgage so she is very worried and her health is suffering. I would like to know if there was some way to off-load his debts?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In what way offload?
Are you asking if she is liable?
Customer: replied 1 year ago.

Yes - is she liable for his debts still or can the repayments be lesened

Expert:  Jo C. replied 1 year ago.
She is liable for his debts at all. Whether she has been paying them or not is a non issue.
The only impact upon her this may have is in two ways. The first is that if they seek a CCJ against him then they could ultimately claim upon any property that they own jointly. Her share of any property would be ring fenced but obviously in the unlikely even that they are able to force a sale of the family home then that doesn't really assist.
The second is that he will probably be included on her credit rating an associated person and that would adversely affect her applications for loans but if she doesn't intend to borrow then that matters not.
He has a large number of options open to him to deal with this but ignoring it is a bad idea generally
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

The first sentence doesn't make sense. Is something missing? It says 'she is liable for his debts at all.'

Can they arrange to pay the debts at a lower rate for some time and how would they do about that?

As she works with small businesses the credit rating could be an issue for her.

Expert:  Jo C. replied 1 year ago.
It should read she isn't liable for his debts at all.
He could arrange to pay the debts at a reduced rate but that will still affect her credit rating. Come what may, he is still not paying back at the agreed rating and they are entitled to add defaults and late payment notifications.
If this is unsecured debt then he can just start paying and the reduced amount and make offers to do so. They will not agree but whether they will take any other enforcement action is another matter. There isn't much point. As long as it is a reasonable sum they wouldn't get much more at court.
Customer: replied 1 year ago.

Thank you. That is something to work on and perhaps seek further particular advice.

Expert:  Jo C. replied 1 year ago.
Only don't pay for a debt management plan. They are free online and just as good.

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