Advice needed please - joint debt with EX

gizmo111

I spoke to my ex today and he read me his letter - something along the lines of thank you for your payment of £1500 we accept this as full and final settlement of your outstanding debt.

So it's a joint debt and has been paid in F&F, I'd write a letter to them stating that and get a copy of the letter from your ex. These people have already told you they cannot split liability when it benefited you so they cannot change the rules now. Production of that letter in court would make them look pretty incompetent. I'd stop paying them, and maybe save up what you were paying and give to your ex at some point when it reaches £750 and you have confirmation from these people that they will not pursue it any longer. Is this debt still on your credit file or has it dropped off now?

Kandipandi

It is not on my credit file as far as I remember - I got a copy last year and it wasn't on then.
Thanks for the advice - I will ask ex for a copy of letter.

thefoolonthehill

i agree with gizmo. get a copy of the letter your ex has. If it states the 1500 is a full and final settlement i dont think any more debt can be owed. As you have pointed out they will not split the debt and either you and your ex are still liable for the full 5500 or you are both liable for 0. i dont think they can have it both ways. Good luck

Kandipandi

Thats the way I figure it too thefoolonthehill.
I will get a copy of the letter (if ex will play ball) and take it to Citizens advice i think...

GeorgeUK

I would give nationaldebtline a ring about this.

I am certain that as you are not mentioned on the letter, the F&F agreement will not apply to you.

I hope i'm wrong, but NDL should be able to state for certain.

Kandipandi

I think you might be right, thanks again I will call them.

gizmo111

GeorgeUK wrote: »

I would give nationaldebtline a ring about this.

I am certain that as you are not mentioned on the letter, the F&F agreement will not apply to you.

I hope i'm wrong, but NDL should be able to state for certain.

it has to apply it's a joint debt and each are fully liable so if the liabity has gon from one thn it has gone fron both.

NDL and CAB will be cautious on this.

I'll ask someone with a greater wealth of knowledge than I could ever hope to have and get back to you.

GeorgeUK

I'm not sure on this gizmo, i can't see it working out like that.

When the loan was taken out, both agreed to be liable for the full debt.
When the letter was written, they agreed to no longer hold one person liable as they were making a bulk payment.
The 2nd person was not mentioned in the letter and so the original agreement still stands.
The agreement didn't state they would only be liable for the debt if the other person was. They are both jointly and severally liable for the debt.

I just can't see where the agreement will become void, but i agree it is unfair for one party to be held more liable that the other.

As i said though - here's hoping.

gizmo111

When the letter was written, they agreed to no longer hold one person liable as they were making a bulk payment

The ysimply can't do this without rewriting the agreement - is is joint liability, they cannot choose who is the most liable, if they accepted a full and final then it has to be on the whole debt not on the party they choose. Only exception would be if one party went BR.

Kandipandi

gizmo111 wrote: »

The ysimply can't do this without rewriting the agreement - is is joint liability, they cannot choose who is the most liable, if they accepted a full and final then it has to be on the whole debt not on the party they choose. Only exception would be if one party went BR.

Thanks guys - that was my original point - how come I am more liable than him just because I dont have any spare cash to pay off a lump sum - we took the debt together and should pay together.
Im just gutted that I am being expected to pay more than him - when I have less to give