HELP please urgent advice need re Ex's debts

TaBunny

Hi all, this may be in wrong place but too stressed to know what I'm up to sorry. Anyway here's my problem.....

Feb 2002 husband left me
April 2003 changed my name by deed poll
Sept 2003 divorce came through
Not seen him for 2 and half years, not seen kids, not gave me any money etc so on
March 2004 heard he'd remarried address unknown.

Ever since he left been getting letter after letter from creditors chasing him etc I used to open them at first and ring the companies telling them he wa no longer here and I did not have forwarding address. After first year letters trailed off but any odd ones I got I just returned un opened, then after first 2 years if I got any I just binned them. Then low and behold I get a letter to ME this morning (in my old married name) from a debt aquisition company saying that they have been trying to trace my ex for 3 years and that the debt was sold onto them by some company or other and that now I am responsible for the debt and I should give them a call.

So enraged I rung them told them all the above re him leaving me, divorced etc and they said they have an outstanding debt of £10,000 in his name apparently just before he left me and unbeknowns to me he took out a £10,000 loan and pocketed it and has never paid a penny back. Took the money and run!

Well even after I explained how I have not seen him for nearly 3 years and how he is now married again etc, they are saying that due to the fact that we were married at the time he took out the loan that I am responsible for paying it back! I nearly passed out. I told them they are barking up the wrong tree, I would not pay anything for him etc and got quite upset and ended the call.

But now what do I do? Is it true that his debts were also mine because we were married when he did the bunk without my knowledge I add? OMG I cannot afford that and I dont see why I should pay it back when he must of got it for his planned run away with his teenage girlfriend who he went on to marry even though she is half his age.

I am shaking with rage, not only was he a loser when he was here and then a dreadful father neglecting the kids since he's been gone, now his past is haunting me.

Anyone out there with any helpful advice would be most welcome I dont know where to turn. Thanks.
(originally posted in the Arms but advised to post here)

elona

If it was not a joint loan taken out in both your names and you did not sign anything then I do not see how you could possibly be held responsible.

They are obviously trying it on.

I am sure someone more knowledgable will be around to advise you better but good luck with it.

Could you get free legal advice or see Citizen's Advice?

Northernbird_2

You poor thing, you must be fizzing.

If I'm wrong, then people out there do correct me, but if the loan was just in his name, and not yours, and was not secured on a joint mortgage or anything, then the debt is nothing to do with you. The loan company lent the money based on his details, his risk, and not yours, and you did not sign a credit agreement agreeing to borrow the money and pay it back at a set amount per month and so on...Loan companies like joint loans because they have two people liable for the whole debt, and not just one.

I would ask the debt company to provide proof that you are liable for the debt. It sounds like they're desparately trying to get the money, and think scaring you will work. They're probably ecstatic that they found you after three years!!

Be strong, and don't let them bully you. Being married does not automatically make you liable for the other's debts. People can be married and have very different credit scores etc.

Ask for proof, in writing, and they should go away. If they threaten you with court action, remind them that if they take you to court the judge would not entertain them if they can't prove that you're liable in the first place.

Hope this goes away quickly for you so that you can get on with the life you've obviously worked so hard for. xx

AGB863

The information is correct. Unless you were jointly liable for the debt, ie you both signed for the debt, they can not touch you at all. If they insist you are liable, you have to ask for a copy of the signed agreement as you believ that a fraudulent act may have taken place.

After 3 years, if the initial lender was not chasing you for the debt, they are just trying to scare you into paying.

Ultimately if they can not proove it and they try to take you to court, they do not have a leg to stand on.

southernscouser

Re-arrange the letters below, then ring them up and tell them what you came up with!

Shoev ti pu yuor asre!

Also threaten to report them if they keep hassling you for a debt that isn't yours!

To be on the safe side, get a copy of your credit report from Experian or Equifax aswell.

black-saturn

When I split with my ex husband I ended up paying back £4,000 of his debt because I was married to him at the time of him taking out the card. I never signed any agreements either. I was the one that walked out too and they still tracked me down.

southernscouser

black-saturn wrote:

When I split with my ex husband I ended up paying back £4,000 of his debt because I was married to him at the time of him taking out the card. I never signed any agreements either. I was the one that walked out too and they still tracked me down.

Did you check that you were liable, seek any advice? Surely that can't be right!

Bossyboots

southernscouser wrote:

Did you check that you were liable, seek any advice? Surely that can't be right!

I agree, only the person/people who are party to a loan/debt can be asked to pay it back even if they are married. Even a second cardholder on someone's credit card is not liable for debts run up on that card.

tattooed_lady

Definately speak to CAB to find out your legal position on this, they can't possibly be able to chase YOU for this debt and are just trying it on.

Addicted2Chocolate

unless it was a joint loan you are NOT liable no way. does not matter if you were married or not. the only liable people are those named as borrowers on the credit agreement. I would write to them asking to see a copy of the original credit agreement. send recorded delivery require rsponse if 14 days. Mention if they continue to harrass you will compalin to the office of fair trading and wtachdog. they are taking the p*ss...

margaretclare

Agree with all the previous posters. The only thing that crossed my mind when reading your post was: when he took out this £10K loan then ran, he didn't by chance add your name and forge your signature?

I have this terribly suspicious mind, you see.

I think if I was you I'd want to SEE the loan agreement that he signed. If it's in his name alone, all well and good, you have no liability whatever and can tell them to go and take a funny run. But I'd like to be sure that he hadn't added my name on to it with a forged signature!

Aunty Margaret