Ex-Husband's debt chasing me still

lindens

Sorry this is a bit long and complicated, but need to explain the whole story.
5 years ago got divorced. We sat down at the time as we had a lot of debt between us, wrote down debts in my name and debts in his name. They came to virtually the same amount, except the O/D on joint account.As he owed slightly less than me he agreed to take over the joint O/D, that way we took on the same amount of debts each, to be fair.
We sold the house for £90,000. We had £60,000 worth of debt :eek: in total. To complicate matters, our house deposit originally came from a trust fund set up in my name from a deceased family member. the deal was x% was put down as a deposit and when the house was sold the trust got x% back. We had made money on the house so when we sold the house for £90K, £30K went to mortgage co, leaving £60K. the x% was supposed to be taken out to go back to the trust fund, leaving us to split the remainder down the middle.However, my ex had throughtout our married life (18yr) rammed this trust fund down my throat and never let me forget about it. Instead of being grateful, he bemoaned paying it back and even that we couldn't get any more.
So if we had done the above, £25K would have been given to trust fund, leaving us with £35k between us. This would not have allowed him to pay off his £30k of debts and he would have made my life hell moaning about this and continuing to ram it down my throat still.
So i decided that the £60K would be split down the middle, he could have £30K, pay off his debts and start afresh. I took my £30K, paid back the trust fund, left myself with £5K to buy a little car and pay off one CC, and have spent the last 4 years paying off my debts gradually.
Back to the joint O/D debt that he agreed to pay off. he never did as he wanted to spend some of his money on stuff.i also reclaimed bank charges on our behalf(including the bank the O/D is with), stupidly gave him half when i won (£3k each) and he still never paid it off.
He seems to have set up an agreement with them for £40 per month which he sometimes keeps to. he is on DLA, and is getting married next week, clearly paying for a wedding has meant he hasn't kept to the agreement again and they keep phoning me.
Back when we agreed our debts, i didn't realise,legally as it was a joint account they could still chase me. I have a signed document from him listing th debts he will pay , have written twice to the bank and debt collector explaining this but they continue to chase me. It is stressing me and my current partner.
What can i do if anything? I was thinking of writing to him, pointing out the above ride he has taken me for etc etc and threatening him with solicitors.

DarkConvict

As you have found out you are liable to pay back the money on jont accounts as the bank as an agreement with you both, and unless you change it with the bank it will stand

Since you have a signed agreement between yourselves it won't affect the relationship with the bank. Instead you will have to take your ex to court with the agreement you signed ad pursue payment from him via a CCJ. It maybe worth contacting the bank and getting the account frozen so he can't spend on it.

lindens

The bank account has not been used since our divorce, and the debt is in the hands of the lovely Wescott DCA.
The bank wouldn't take my name off the account because of the debt.
We both signed a letter to the bank stating his responsibility, but it doesn't seem to mean anything

DarkConvict

I understand that a bank won't take you off whilst a debt is outstanding. This is very common as it means they can chase both account holders for the debt not just one if they fail to pay. I.e. Your circumstances.

Its not uncommon either for ex's to take responsibility then not actually pay off the debt. Basically there is always one that wants to be an !!!!, they look after themselves in an all to direct and hurtful way.
Its only because you have a written agreement with him that he will pay it that would make him "potentially" liable for it. I advise you take the written agreement to a solicitor and see if you can enforce him to pay you via the courts. Otherwise i can only see the bank getting a CCJ against both of you.

GeorgeUK

I'll go at this with a slightly different angle.
How much would it be worth to you for this to no longer be your responsibility?

As this is a joint account, both or you are liable for the full amount owed. If you were to write to them and make a reduced full and final settlement offer, if they accepted your offer, your husband would be liable for the remainder, but you would not be. If you were able to do so, it may be worthwhile making an offer, pointing out that it would take x years for your ex-husband to pay this amount, that you are seeking legal advice as he was to take on the debt as part of the divorce settlement and that this offer is available only for a limited period.

This F&F offer would not be to settle the debt, only your association with it. I don't know how much is still owed on the debt but it might be worth seeing if they are willing to get something from this.

DarkConvict

I read a similar thing last year, i think Aug 2009. Where the ex had a F&F offer accepted, the OH had to pay the remainder. This debt is still in dispute as i PMed them only last month.

A F&F settlement should clear the debt not just remove your liability. Otherwise say two people been chased for £10,000 between them, given a £2,500 settlement it is unfair to leave £7,500 on the other person.

But it is an angle worth considering.

Hannah_10

DarkConvict wrote: »

Otherwise say two people been chased for £10,000 between them, given a £2,500 settlement it is unfair to leave £7,500 on the other person.

Depending on just how aggrieved the OP feels the unfairness of that as an outcome might truly appeal! :rotfl:

lindens

The amount owed in total is about £1500, which isn't much in the big scheme. But it's the principle of the fact he has had the money 4 times over to pay it and he hasn't.
I wouldn't feel comfortable offering F&F on part of the amount i think they would still hassle me for the rest.

dancingfairy

Sadly I think they could well hassle you for the rest.
I think the courts /solicitor might be your best bet.
df