Advice Needed Please - Joint Account Debt

swisst12000

Hi all,

Can someone please provide some advice on a debt that was accrued on a joint bank account with my ex wife. When I divorced my wife we both agreed that we would be jointly liable for the account, and agreed that we would pay off half the debt each.

For one reason or another neither of us has cleared the debt. I have now recently been contacted by Wescot Credit Services trying to collect the full amount. On speaking to Westcot I've discovered that I am the only person being pursued for this amount, and that my ex-wife's details have not been forwarded by the bank as part of the collection.

I'm aware that I am fully liable for the amount, however I have tried to negotiate with Wescot and the Abbey that I should not be liable for the full amount and that I am quite happy to provide the contact details for my ex wife if they agree to the fact that I will set up an arrangement for exactly one half of the debt whilst they are pursuing her.

The Abbey seem quite reasonable and have been listening to me on this point, although I have yet been unsuccesful with entering into the arrangement. I have stated that I will not pay a penny until an arrangement is reached that all parties are happy with. I.e. they agree to me owing one half the debt and entering into an arrangement to clear one half of the debt. They also then receive my ex-wifes current contact details to pursue her for the other half of the debt.

I may have a letter from the ex-wife which we both signed to say this is what we have agreed as part of our divorce settlement. When the divorce was going through I originally approached Abbey to request that the debt was split and half put onto my new current account (I still bank with Abbey!).

Can anybody offer any advice on how to best procede on this? I don't understand how they can insist on only chasing me for this debt if I am prepared to provide my ex-wife's contact details for them to pursue her half of the debt. Unfortunately I am not on speaking terms with my ex-wife.

Thanks in advance.

RAS

Hi

Unfortunately legally you do not have a leg to stand on - you are jointly and severally liable for the whole sum.

You can negoitiate with the ex and you can reclaim any charges or PPI to reduce the outstanding debt but they can take you to court for the whole sum.

swisst12000

I can quite understand that I am fully liable. I was just curious and slightly miffed with them that they are only pursuing me for the debt.

As ultimately they are a bank and we were both the banks customers, do they both not have a duty of care to both customers and should therefore be attempting to pursue my ex for the monies too?

I am not trying to wriggle out of the debt, I fully accept I owe the monies and need to pay them. I am just wanting them to attempt to collect half the monies from my ex. If they are unsuccesful, then I will obviously have to clear the full amount, I am just uncomfortable entering into anysort of arrangement when I am aware they are not pursuing her?

If I could see evidence that they had pursued her, and she was not willing to pay the debt. Although i'd be more unhappy with her, for not standing up to her responsibilities I quite accept I'd have to pay the full amount.

Am not sure I'm making much sense, but surely the bank hold a responsibility to both customers?

TCM_3

Hi Swiss
From personal experiance you are unfortunately 100% liable for 100% of the debt the bank can persue one of you or both of you. My suggestion to you would be seek legal advice but it would look like you would have to pay it then take her to court for her half of the debt to be reimbursed to you or taken into account in your divorce settlement. Your solicitor will be able to tell you if the agreement she signed is legally binding.
Its a horrible horrible horrible situation to be in.
Good luck with it - i feel for you.
T

swisst12000

Thanks for the responses, much appreciated.

Sometimes the laws in this country make sense, overtimes they just just lack common sense.... Think I'll continue to pursue the fact that they should be chasing her. The guy at the Abbey indicated that I should approach them via their complaint team as well. When I spoke to them they stated that they can only put one set of contact details in their system... Madness.

tallyhoh

Hi,
any idea of your ex-wifes circumstances? It may be that they have tried to collect on her & decided that in her situation there was no chance of getting anything off her. You may have been the better bet. They probably would never admit that but......

swisst12000

Ex-wife is currently living with her new partner and working full time. I got left with the kids and all debt! It must be nice to not have a conscience...

I don't think she has ever once contacted the bank, from the conversations I've had with the bank they have no contact details for her. I can quite understand them chasing me in the first instance, as I'm still living in the marital home.

Don't think I've ever been so frustrated by something in my whole life. Like I'm said I'm quite prepared to repay the debt over time, but don't understand why I should be the only one to pay the debt when I have offered to provide contact details for my ex-wife.

If they accepted my offer, it's almost a win-win scenario. If they can get her to agree to her half of the money and a repayment amount with her and with me surely they get their money twice as fast?.

I go away happy that I've stuck to everything I've agreed with my ex wife and with them and they go away happy that they are getting there money. Like I said sometimes the law just lacks common sense...

It makes me wish that I was the one that just up sticks and left.