Help,need advice re: max recovery

paul1672

hi there.

first post and i'm hoping someone can give me some valuable information....

about three years ago i split up with my ex wife.we sold the home and divided up the assets and went into our halifax branch and asked if we could close our joint account and open two seperate accounts.
they proceeded to advise there was no need and she could just open up a new account in her own name and they would just remove her from the joint account.
we filled in all the relevant paperwork and thought all was fine.
i had no need to check as i had paperless statements and must admit i hadn't noticed the name had not been removed for some months.
anyway,i then asked again if they could remove the name and they again asked us to fill in the forms and they would do it.again it didn't happen.
a third time same thing happened but account was now in overdraft so they said they couldn't remove it until the account was in credit.
2 years ago the ex-wife then went bankrupt.
when she did this (without telling me) the halifax immediately closed my account without notifying me and took my wages.....
i eventually got my wages back but i was informed the account was closed and i was told to walk away from it as they were chasing her for the money as she was declared bankrupt.they also informed me the account was fine,it was mearly the fact her name was on the account.
i asked if they could just simply remove her name and i would repay the overdraft but was informed this was just not possible.no attempt was ever made by halifax to ask me to repay it.
last december i received a letter from max recovery stating they had bought the debt but not to contact them as they were dealing with my bankcruptcy person????? don't understand who that is as i'm not bankrupt....i'm assuming they mean the ex-wifes?
the weird thing is i immediately removed any connection with my wife from my experian credit file and last year the halifax account said it was partially settled.
i checked it again today and now i have a new company on it (max recovery) with a default notice.
whats weird id i've never disputed owing the overdraft but no-one has ever asked me for re-payments or sent me any notice other than the letter i got from max recovery last year.
what i also cant understand is its listed as a credit/store card yet it was a bank account......
and how can i have a default notice if i've never even been asked and given the chance to repay????
i have since however not been able to get even a small overdraft at my bank (lloydstsb).
is this because of the default notice on my credit report and would the notice considerably affect my credit score as i'm considering applying for a bank loan but i dont want to be embarressed if it does.

finally,what i can't understand is how i'm being punished yet she is running around freely without a worry....

it's like i may as well go bankrupt anyway....

sorry for the long post.

hope someone can advise me as i'm really stressed by it all.

going to citizens advice tomorrow.

paul

iquit

Hello Paul, I am not an expert by any means but from what I've read on the forum if 1 person becomes bankrupt their joint debts revert in full as owed/ owing by the person not going bankrupt. I'm not sure why you were not contacted for re-payment, a lot of banks seem to sell on debt knowing full well that a person has filed for bankruptcy and you may just have gotten caught up. Have you contacted the bank & debt collector in writing to find out where you stand? The CAB should be able to help as would CCCS and national debt helpline. Good luck.

paul1672

iquit wrote: »

Hello Paul, I am not an expert by any means but from what I've read on the forum if 1 person becomes bankrupt their joint debts revert in full as owed/ owing by the person not going bankrupt. I'm not sure why you were not contacted for re-payment, a lot of banks seem to sell on debt knowing full well that a person has filed for bankruptcy and you may just have gotten caught up. Have you contacted the bank & debt collector in writing to find out where you stand? The CAB should be able to help as would CCCS and national debt helpline. Good luck.

cccs?

who's that?

i'm kinda hoping the cab will be able to help.

what really upsets me though is it's not like i ever said i wont repay it,it's the fact no-one has asked me to....

halifax just didn't want to know to be honest.

they even said there was no actual problem other than the fact her name was on the account.

total mess in my opinion.

would you think this is all significantly affecting my credit rating?

many thanks

paul

philnicandamy

CCCS (consumer credit councelling).....the default on your files wont help...and IF the association hasnt been removed then that'll add to probs

(I had an association on mine...experian promised to remove...found out it never happened!)

paul1672

philnicandamy wrote: »

CCCS (consumer credit councelling).....the default on your files wont help...and IF the association hasnt been removed then that'll add to probs

(I had an association on mine...experian promised to remove...found out it never happened!)

association has definately been removed......

i am absolutely fine with all my other accounts,everything up to date,no searches in last year,no missed payments etc....

60% used of available credit.....

just dont know what to do regarding this max recovery company (think it was signed "eversheds" ) as it said not to contact them.....

paul

philnicandamy

Have you done the online or paper check?.....may be the case you need to contact all three agencies to request your statutory credit file (£2.00) experian may have taken the association off...the other 2 may not.


have you done a search here? just to be safe

http://www.insolvency.gov.uk/eiir/

paul1672

philnicandamy wrote: »

Have you done the online or paper check?.....may be the case you need to contact all three agencies to request your statutory credit file (£2.00) experian may have taken the association off...the other 2 may not.


have you done a search here? just to be safe



got an online report with experian,the equifax one i got paper version,both definately removed....

just checked the above link,neither of us are on there.

paul

philnicandamy

You need to get the other two as well one from experian isnt enough......call credit & eqifax (they may not have removed the association)

whats the default for? the bank account mentioned?

paul1672

philnicandamy wrote: »

You need to get the other two as well one from experian isnt enough......call credit & eqifax (they may not have removed the association)

whats the default for? the bank account mentioned?

it states its for a credit/store card but i know 100% its the joint bank account i had with halifax......

thats what i dont understand

its really upsetting me

paul

paul1672

i've been to the cab today.
their advice was to seek an appointment with my local halifax branch manager as they are the root of the whole problem and even though they no longer have the account they are still liable to fix the problem.
so i've made an appointment for next monday.
also spoke to my local lloyds bank who i now bank with and was told the reason i cant have an overdraft is due to this issue on my credit file so it is directly affecting me.she even said if it wasn't for that i could have had up to £3,200 straight away.
how annoying.it's not that i wanted an overdraft,it's just the principle.....
also,spoke to a solicitor today and they say i have a strong case against halifax as i cant be held responsible for default if i've never ever been asked for payments....
gonna be an interesting meeting on monday i think.
expect them to say it's nothing to do with them now though as they've sold the account on.

if that's the case i'm going straight to a solicitor.....

paul1672

anyone got any idea how quickly default notices can be removed from credit files if they are found to be incorrect?

many thanks

paul