Joint account problem

Joby_2

I still have a joint account (Santander)with my ex. It is in the red to the tune of £1354.85. He is the one that racked the debt up. I am aware however that we are jointly liable for the whole debt.

I tried to get the account closed when we split up (May 05!) & was tols by the bank that they couldn't close it unless it was in credit. I wasn't advised that it could have been suspended (so that the ex couldn't create more debt).

The ex accepts full responsibility for debt & last February I managed to get him to fill in a form provided by the bank confirming the debt was his. Howev er, the bank contacted me a few days later to state that the debt had already been passed to a collections agency (Debt Managers Ltd) & that the form could not be used to remove me from the bank account.

I spoke to Debt Managers Ltd & asked them to speak to Santander & confirm that they could use the form to show that my ex had agreed to remove my name from the debt/ bank account.

I thought all was fine until August last year when I received a letter from Wescot Credit Services Ltd.. however since then I have received nothing else & no-one has tried to contact me re the debt for the last 6 months.

I would be grateful of any advice re whats best to do - I am wary of contacting Wescot as I'm sure they'll just try & get the money from me... btw the debt is still on my credit file.

pmduk

I suspect that you'll find that you are "jointly and severally" liable for the debt, which means that the debt collectors can come after each of you. If your ex isn't good for the money, you may end up carrying the can for all of it. The only advice I can give is get legal advice. Hopefully someone else may post a better idea.

onlypaddy

just ignore them, sound like they're fishing. you filled in the form provided by the bank and they accepted it at the time so as far as your're concerned you're not liable.

Joby_2

but the bank didn't accept the form - they took it from me & then called back a couple of days later saying that as the account had been passed to the collections agency then they couldn't take my name off the account

onlypaddy

hmm tricky then....until wescot come up with anything concrete though, just ignore them. the burden of proof lies with them - they have to prove that you owe them, you don't have to prove that you don't owe...

and never answer the phone to them, if they call tell them to write and then hang up. do all correspondance by recorded post and don't sign letters

if they do come back with something concrete then come back and get more info

Joby_2

thanks for the advice - however, it would be nice to get this debt off my credit file as I'm certain it will affect any future credit decisions

Joby_2

any more advice anyone - thanks

mickymellon

cant you file a formal complaint against Abbey / Santander as you have filed this letter stating that it is not your debt?

It seems this is the only way to go with this bank as they are absolute !!!!

Joby_2

mickymellon: abbey told me after I had filled the form in & submitted it that the account had already been passed to a collection agency & was therefore closed @ their company.

Olipro

The only real way you are going to get this resolved is to take your ex to court over the debt in order to get a judgement on how much he will be held liable for.

the bank and collections agency don't care and it's not their responsibility to, they just want their money.

Joby_2

has anyone taken their ex to court as per olipro's note? Any ideas on cost etc