Joint loan still to be paid off with ex-wife

grumblesheeve

Hi all

Newbie here and in need of some good advice.

I seperated from my ex-wife nearly 7 years ago and as a result I was left with all the debts accrued during our very brief marriage. As 90% of the debts were in my name I was left to pay for them without any help from her, despite her racking up all of the debts (but that's another story!).

I managed to pass back her own credit card debt, the account had been paid for from my bank account as I was the bread-winner so that was £1500 less to worry about.

However, during the marriage we got a joint loan of £3k to which for the past 5 years or so I have been paying only £5 per month to whilst she hasn't paid a penny to it since we split.

The matter of the joint loan has now come to a head as I am planning on getting married soon and I'm looking to get all of the debts sorted out asap to finally leave me debt free.

Where do I stand with regards to getting her to contribute towards it? I have spoken to the Halifax, who the loan is with, and they aint bothered who pays it off as long as they are receiving a payment.

I am seriously considering a couple of options. One is to go to the small claims court to see if I could get a ruling forcing her to accept the debt and pay towards it or the 2nd one is to stop paying towards it, let it go to a debt collection agency and let them get something from her.

Would going to a d.c.a. be the best bet as I have paid this debt for nearly 7 years on my own so would this count in my favour when trying to get her to pay her share of it?

Can anyone advise on the best route to take?

PS. Speaking to her is unfortunately not an option! I am writing a letter to her about the matter but I know this will fall on deaf ears like previous attempts have.

bobbarley

If you don't mind me asking, do you know how much is left to pay?

rosysparkle

Did your solicitors not sort this out as part of the divorce proceedings? When my ex and I were thinking of getting divorced, we had to declare debts as well as assets to our respective solicitors. What do the terms of your divorce state with regard to the debts?

If you let a DCA get involved they will go after the person with the deepest pockets, is that likely to be you or your ex?

I don't know whether you would succeed at small claims court, but someone else may have more idea!

jonesMUFCforever

If you stop paying then both your credit files will be screwed.
If you have the funds pay it off and move on.
Is there any point in taking legal action against your ex? Is she likely to stump up after all this time - will you be pouring more money down the drain?

I know what I would do especially if the loan was in joint names.

grumblesheeve

If it was down to how deep a pocket is then that would be hers as she has re-married, has a flash car etc. I on the other hand live with my parents struggle montly to pay off the debts incurred during the marriage that were unfortunately in my name. Stupid me I know.

I'm not bitter over this situation but I think that it was a good time to find out if I could make her accept reponsibility for her share of this debt.

When we divorced I couldn't afford a solicitor so just went with the flow of her legal-aid solicitor. Debts were never discussed or brought up.

Whilst I probably will be left to pay off the balance of just over £2k I thought there would be no harm in asking for any additional advice.

As to my credit score, that was shot to pieces by the divorce a long time ago! lol.

nomoneytoday

After 7 years isn't it worth paying off the loan, as not to be in touch with your ex?

clarissa_D

hi ya
i am sorry for your annoying situation you are in.. I think if she hasn't paid a penny towards it then you should take her to the cleaners. I would even go small claims to get if you can money back for all the hassel.. also why didn't you type up a letter telling them the situation *the Halifax* and how much you can afford to pay a month then while they accept your half get her to the people that will go for the person with the deepest pocket..
my friend is in a similar position only she isn't married to him she has his 2 year old baby though and on agreement she stayed at home raised baby it was settled now they have split up he is saying he will break in her house and steal what is rightfully his *the loans are in her name* and she has sent letters to creditors offering token payments of which she can afford.. which was accepted she will now have to go solicitor *i think if your on low income the government foots this on her majestys say* but if this helps i hope it does then please try all you can to get what she rightfully has to pay her name is on the agreement aswell as yours you can claim compensation back for all the repayments if you calculated it from all the loan was from the beginning then half it im sure the courts will see that you struggling all of this time will go in your favour..
happy new year ...
from clarissa_D

Duck

Hi,

You seem to be having a bad time of it. I split with my husband over a year ago and 'we' had a considerable amount of debt too - it was mostly in credit cards in my name. I paid all the debts off myself (just to get shot of him) but it has learnt me a valuable lesson - I won't be burnt like that again. The only advise I can give is to keep paying the loan off, but keep records of every payment that you have made and try to take this to the small claims court where you can show evidence that you have paid all the debt yourself.

I wish you luck in the future.

grumblesheeve

I can't afford to pay the loan off otherwise I would've by now.

I think it's the principle of the thing really that gets me. I've been paying off all of our debts for nearly 7 years now as unfortunately they were in my name. I mean, when you marry someone you don't expect it to end with 12 months do you! Hence the reason getting them in my name.

I think I'll send a letter to her first advising her that unless she pays half her share then I will cease my payment and let the debt collectors have a go at collecting from her. I only pay £5 a month off the debt as that's all I can afford and willing to pay . My credit score is basically nil so no further harm can be done there!

Anyone else with any sound advice?