Should I continue to pay it

tattoojack

Well its like this.... I seperated from my husband on the 2nd December 2003 paid him £23500 and split the outstanding debts. He took the Alliance and Leicester loan and his credit cards I was left with everything else the goods he took though I paid for them and he then sold and kept the monies but I digress... In May/June 2004 he had a major motorcycle accident and was no longer able to work what he didn't tell me was that he stopped paying the loan in 2005 I was contacted in July 2007 and told that I had to pay or they would make an attatchment to the house on behalf of my husband, I explained that he was no longer named on the mortgage so they couldn't make the attatchment but they said I had to pay the loan or face court so I started paying £100 per month... just didn't think just didn't want to face court..... I wrote to Alliance and leicester in September 2009 explainined that I was looking into divorce and could they provide the paperwork showing my signature and my ex husbands so that I could get some assistance from him, they wrote back and said they had no paperwork to prove that it was a joint loan. I have also had a credit check and the loan doesnot show against my name at all, Where do I stand do I have to continue paying this loan as its the only debt left hanging over me from my ex husband. Please tell me what you think as soon as possible as I'm really running out of finances.:mad:

standupguy

If you are not named on the original agreement as party to the loan then you should not be paying anything - in which case they have given you wrong information and you are entitled to a refund of any monies you have paid.

You need to continue to see if you can get hold of paperwork from the company, your husband or any records you may still have.

Have you checked your credit report with both experian and equifax to see if the loan is listed there in your name?

Otherwise you should complain to the company and say that they have mislead you as you are not party to the agreement and ask them to refund what you have paid

ALIBOBSY

It sounds like what they threatened you with is that if the property was in joint names, even if the loan was in his name only, they could attempt to get the outstanding loan tied to the house. However this would have had to go through court anyway and isn't guaranteed.
Sounds like whoever called you just said whatever they could to frighten you into paying. Was it a debt collector rather than the original creditor?

Firstly if there is nothing on your credit file (as the other poster said check them all), and you no longer have any joint finances (again ensure you are no longer linked on the credit files) then none payment of this loan should not effect your credit rating.
Secondly if you are pretty sure this wasn't a joint loan and your ex is not listed on the deeds (not just the mortgage, but the actual ownership of the house) then this is not your responsibility/problem.

Once you are sure of your facts,write (via recorded delivery-don't call only gives them a chance to misslead or even lie to you and unless you can record your calls you have no record of the discussions), and state this is not, nor ever has been your loan. It in fact is the responsibility of your ex. State that you are no longer finacially linked and that the property is no longer linked in any way to your ex. Therefore no further payments will be made by yourself and in fact they should cease to contact you requesting payment.
I would also compain that you were misled and want a full refund on all payments made by yourself within 14 days or you will refer the matter to the ombudsman.
If this was a debt collector who misled you also worth a complaint to trading standards and the OFT, there has been a number of fines placed on debt collectors over their dodgy practices in the last couple of years.

BUT ensure your facts first.

Good luck
ali x