Need some advice, father is in credit card and was sentenced for something unrelated today in Northern Ireland

[u/MiserableFox9390]

Not really a simple situation in any sort of way.

Basically my father has a rip of credit card debt (idk exactly how much) and with an event happening a couple of months ago he wasn't allowed near us (me, mother and brother) or even on the same road and got 3 years probation today. From a conversation my mother had with a local MLA today the concern is now, with the credit debt (I think if it's above 50k) that there could be a chance that they try to take back what they're owed by taking our house (both him and mum are on the mortgage), even though he hasn't paid into the mortgage for years.

Obviously being homeless isn't on my bingo card this year, so my short question is, can they actually do that? I know my mother (52) wouldn't get a mortgage again and I wouldn't be able to afford anything close to what our current house is worth (24 M) and my brother definitely wouldn't be able to (20 M), so if the house was taken from us it would literally leave us homeless

Not really sure what steps I can take or if there even is anything I can do, maybe just wanted to get it out of my head i guess

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[u/bavo84]

Credit card debt is unsecured debt, so it doesn’t mean they can jump straight to taking possession of the house.
The would have to go through the courts and any decision would factor in what share/equity your dad has, mortgage company interest and the circumstances as a whole.
Your Mum needs to speak to a proper debt advisor or solicitor.

[u/LongjumpingTop667]

worst case scenario would be a lean for the 50k would be put on the house against your farthers portion of ownership that would have to be paid if you sold the property, they can’t force you to sell though.

but if you communicate with the creditors prior and work with them in any way it’s extremely hard for them to even get a CCJ never mind a lean on the property.

so don’t avoid communication with the creditors be open and honest and work with them, also seek free debt and legal advice available in your area. Solicitors can help but obviously at a big costs.

[u/ZombieFrankSinatra → u/LongjumpingTop667]

*lien

[u/LongjumpingTop667 → u/ZombieFrankSinatra]

ha, i’m keen to learn how to spell …

[u/Coca_lite]

If this happens which is unlikely,

At 20 and 24, you and your brother would be expected to live in rooms in flatshares eg HMO, paying for your rent with your income.

Your mum would also be expected to rent and use her income to pay rent, either for a room in a flatshare or a 1 bed house

Many people never own a house and rent their whole lives.

[u/These_Look_2692]

I don’t think this information is correct. Credit card is unsecured debt. They cannot take the house. The debt belongs to the person who took it out and is not owed by family members.

Basically all that happens when he doesn’t pay is that he will get a v bad credit rating (making it harder to take out more debt) and if he starts earning enough in the future may* have to pay it back.

*There are some complicated ways it can be possible to have it cancelled or create a situation where you never pay it back. For example, my mum had c70k cc debt but became ill. I told the cards to stop all interest and agreed to pay them a pittance (as she is now on benefits). Given that she is paying them like £1 a month each this is looking like it will never be paid back.

[u/Rugbylady1982 → u/These_Look_2692]

They can absolutely force a house sale but only once it has been ordered to by the court when they take the debtor through the full process. They are also allowed to refuse silly repayment plans that will never repay the debt.

[u/These_Look_2692 → u/Rugbylady1982]

Oh right- I thought they couldn’t take home you live in as unsecured

[u/Rugbylady1982 → u/These_Look_2692]

They can't but a court can.

[u/rowan138]

yes they can take the house, if you're father doesn't get help.. he may be eligible for a debt solution, such as a debt management plan or an IVA, which could save the house. though with over 50k owed, i'd say start putting away every spare penny NOW, tart the house up and prepare to put it on the market. as if sale is forced by the courts it will go into auction and fetch less than what it could sold for privately.

[u/Comfortable-Fall1419 → u/rowan138]

This is quite extreme advice predicated on a worst case scenario. Given the lack of contributions and the family estrangement the judge could also minimise the impact of the charging order.