LLOYDS TSB - T & C help!!!!!!

viio11

Dear All

I have a bit of a complicated situation with Lloyds. Have had a joint account with my ex husband I think about 5 to 6 years ago. When I separated (and ultimately divorced) the account was overdrawn about £4000. I had no direct contact with the bank for a number of years I was unwell after the separation and the divorce and it took me years to get better - at the time of separation my ex agreed to take that account over and to deal with it "repay it" with my name still on it. I wrote to the bank and called them to say that I have separated and that they should take my name of it however, they refused it and my ex also refused to close it as he needed to have an account....(due to the various reasons he couldnt open another account).

I left the situation the way it was as I was not in a fit state to deal with it at the time. I did get a few letters over the years from Lloyds saying that the account was overdrawn but nothing in the last year. After that it went quite...I assumed that he has paid it off. However, he didnt and has gone missing.

Lloyds is not chasing me for the money but I really want to get my name of it and sort it out. I have obtained a credit report and have seen that Lloyds have put Default on my credit report sometime last year - this could mean that it was in D but was later sorted who knows?

I think that over the years Lloyds must have allowed my ex to have a larger overdraft and also charged huge interest - I think that the account may now be about 5000 - 6000 overdrawn but as I have no access to it I have no idea.

A couple years ago my ex has gone bankrupt but Lloyds decided to keep his account running despite this and asking him for monthly payments which were higher then his administrator was getting.

What I would like ideally is this:

- speak to the lloyds manager and request access to the account
- request all the documents from the bank to see what I am liable for ( I do understand about joint and several liability). The bank was aware that we have separated and been in formed that the account was in dispute - but did nothing to freez it.
- negotiate with the bank to pay half or some of the money owed but not all
- close the account

Your help:

- if you would be able to give me some pointers as to the law and the way banks operate - can they just keep running the joint account and increasing the overdraft without the other party actually being able to do anything about it?

- when my ex went bankrupt and the bank continuing to run the account was that something I could/should use in my negotiation with the bank?

- interest charges to this account must be in the region of 7000 pounds over the last 10 years (I have actually held this account with my ex for about 10 years before we separated and divorced) - can or should I do anything about that?

I really want to pay off what I must by the law however I do not want to pay for my ex what I do not need to. My bills are always paid on time and my credit record (apart from this) is excellent and I intend to keep it that way - however, I need to sort this out and would really appreciate any help...

Thank you all so much...

viio11

Thanks for your help.

I did write to the bank informing them that I have separated and asking them to take my name of the aco!!!!. I think that at one stage even my ex wrote to them and asked to take over the whole of the account. I have also informed them over the telephone. Sadly I have no proof of this as I have moved since several times and lost my correspondence however, I never received any acknowledgment from them (I guess they avoided it as that would have meant closing/freezing the account) and I was too messed up to purse it and deal in person with them.

The bank cannot proved that they have issued me with any cards, chequebooks or anything else in the last 5 years - as a matter of fact I had no access to the account.

I know that I am on thin ground however, the fact that they have not received much from my ex in the last 5 years (even in interest) and as I am unemployed at the moment they wont get much from me either - surely wouldnt the bank agree to seattle on say 3000 rather then risk getting nothing? Anyway that would be my argument/negotiation with them...

I would appreciate any other suggestions....and thanks so much for help already given....

viio11

p.s. the ex is not missing by law its just that I cant find him....I am sure they could - If the bank closed the account on my instruction and providing that they could find him - would I then be liable to pay only my half?

viio11

Sure I understand that, thanks. I shall contact the bank and obtain further information i.e. original T & C. I am unemployed and providing he is employed (I think he may be) what can the lloyds do go after him and me or just after him - will they be under obligation now to close/freeze the account with our joint names on until is repaid or until he has paid it or me?

Also what is the limitation period on bebt? They clerly have not been after me for the last couple of years?

viio11

Wow that is horrendous... however it must be dealt with so I guess speaking to the bank and seeing what they would agree would be the best bet of closing the account and paying it off. He has been made bankrupt however, that was two years ago and since then he has a very nice job and I do not have a job as was made redundant about a year ago. However, I am prepared to borrow if need be and pay of as if it is left to him - he ll be paying only minimum amount and forever - which means I will be tied to him forever - which is something I do not wish to do....

Would they request documentation from me and him re: earnings before making that decision?

viio11

p.s. thanks so much for all your help...I remain optimistic that I can sort this - there must be lots people in this situation....

Caz3121

Happened to me - left ex many years ago and I transferred my salary to a sole account. Spoke to bank where joint account was and they would not take my name off or close. Ex continued to use and went to £5k DR...he was not working, I had left the marital home but was still paying mortgage in full as well as my own rent and was sinking deeper and deeper. Finances took an age as he kept changing solicitors (Scotland so finances sorted before divorce) ...long and short I ended up taking a loan to pay the overdraft off and they agreed to close account. I took the decision to pay the mortgage in full and pay off the overdraft to protect my credit rating...ex knew I would not allow house to be repossessed or default so I took the hit....was worth every penny to get away from him

viio11

Thanks for that. I feel terrible to be left with it all but I guess that may be the only way out (if I can afford it) as I dont even know what the state of that account is...

Did you enter any negotiations with the bank?

In the end I guess it will be worth it....