Advice required please

Rainey_Day

Hello guys

I am hoping you can help me out, prior to speaking to my local branch.

I have a joint account with my ex-husband. We took this out as an "in case of emergency" account about 3 years ago. I have never paid any money in, nor taken any out, set up direct debits or used the account in any way. I did have a card to use the hole in the wall, but again did not use this.

My ex-husband did use the account, with a couple of direct debits (golf and gym memberships) and a payment of £100 Standing Order payment in on a monthly basis.

We split up and I moved out of the home in October last year. I asked to be removed from the account, but the Bank have said that it needs to be at £0 or in credit for them to do so. My ex has now accrued debts on this account to nearly £1,500. The first £1,000 is overdraft and £500 is Barclays "reserve".

The bank has now written to me to say that due to my "circumstances" they are removing the reserve allowance from the joint and my personal bank account. All monies owing on the accounts will need to be paid.

My own personal account is reasonably healthy and has been well managed since we split. However, I don't want to pay off my ex's debt on the joint account (though the bank sees me as joint liable) and am worried that they will take money from my personal account to pay this off.

My ex will not speak to me at all so I do not know what his plans are to pay off the debt, nor his current financial status. He had assured me months ago that a guaranteed bonus from work would clear it in February.

I have conducted an experian report and the joint account (or associated accounts) is not showing.

I guess my question, after all my long winded explanation above is:

Can the bank just take funds from my personal account or ISA to pay off the reserve, if my ex does not have sufficient funds in his account?

I am assuming he has received the same letter today from the bank.

I will have to speak to them direct, but just wondered if anyone had encountered this themselves and if there was any advice going??

Many thanks
R

bingy_burge

It would help if you told us who u bank with and who the joint acc is with.

If its the same bank or group then they may be able to take funds from your personal accounts to clear a debt reg jointly, its called offsetting or something I think.

Experian may not have details but you may be getting an non payment markers on your equifax credit file or call credit since there are 3 agencies and all hold slightly different info.

YorkshireBoy

Rainey_Day wrote: »

Can the bank just take funds from my personal account or ISA to pay off the reserve, if my ex does not have sufficient funds in his account?

Short answer...yes, under the right of set-off.

YorkshireBoy

bingy_burge wrote: »

It would help if you told us who u bank with and who the joint acc is with.

"Barclays Reserve" gives us a little clue.

YorkshireBoy

Rainey_Day wrote: »

I have conducted an experian report and the joint account (or associated accounts) is not showing.

Barclays tend to search Equifax only for their products. They may also only report to Equifax, although you can bet if you end up in an unauthorised overdraft situation they'll report that fact to all CRAs.

Rainey_Day

The accounts are with Barclays

bingy_burge

Well I dont have acc with them just a barclay card which was searched on equifax and reports to experian so far.

You need to get a sollicter involved to send letters to partner unless you are willing to clear the balance and take it on the chin.

Have you got any prove that the debt was runn up after you divorced?

Rainey_Day

I guess the only proof is that the cash taken out and the payments made have been on his card. I changed my name by deed poll earlier on this year and the bank did not send me an updated card (think it had already expired), just one for my personall account.

Debt_Free_Chick

As far as the bank are concerned, this is a joint debt. It doesn't matter (to them) who spent what - you are both jointly liable for the whole debt.

With that in mind, the bank are not going to remove you from the account whilst it's overdrawn, as the debt is jointly/wholly yours.

Your only option is to get your ex to pay off the (his!) debt and then close the joint account. But I can see it's highly unlikely that you will even have a discussion with him let alone reach an agreement.

You should think about moving your own accounts to another bank. As things stand, Barclays can take the whole joint account debt from your own personal account, so I'd move it (or them, if you have more than one account).

getmore4less

If you have other accounts with Barclays they can offset them.

Should have had the OD and reserve removed earlier(hindsight)

Time to get another accounts and move your money.
(not sure about ISA they may have some protected status)

Still liable on the joint account but you are the easy target,

ex has probably moved any accounts he had allready or left them negative as well.