Husband reduced overdraft, expects me to take debt on

gratefulforhelp_2

Hugs OP. Do the bank take instruction from either of you?

If so, maybe ring them and when you have the basic account set up as advised, ask them to freeze the joint account.

If not, why did they take his instruction to reduce the o/d limit?

CSA claims are active only from when you contact them, so you prob need to put a claim in asap, do you have his NI number/can you get it? That will help as will any of his employment details.

Good luck and enjoy the better life that will await you. What a toad.

zzzLazyDaisy

I am a lawyer so feel free to take anything I say with a pinch of salt...

But PLEASE go and see a solicitor. In law you are jointly and severally responsible for the joint account - this means that the bank can come after either of you for the full amount. In other words you are not just responsible for 'your half' of the overdraft. Worse, you could pay the whole amount off from your savings and unless you are able to close the account quickly enough, he could run up another overdraft and you'll be jointly and severally liable for that too.

So please follow the advice of other posters and open a new account in your own name and have your benefits paid into that, keep your savings for supporting you and your children, and make a CSA claim (you might not get much/anything if he is working cash in hand but at least you will be in the system if anything changes).

If you decide to divorce the courts have the power to order the husband to clear the overdraft and while the banks are not legally bound by that order, they will often focus their efforts on the husband as a result (which is what happened in my cousin's case).

Also make sure you are claiming all appropriate benefits including DLA and carer's allowance for your special needs child, if appropriate.

Good luck in getting your life back on track.

Daisy

bagginslover

You can get maintanence through the CSA from someone who is self-employed, but it is harder. My rat of a brother has just been made to start paying for my 2 neices again after trying to pull this trick, it can definitely be done, so get the ball rolling now.

virgin_moneysaver

it also sounds like he did all the bits at the bank without informing them that there was a dispute on the account because they wouldn't have changed anything & froze the account where it was including leaving the 1500 o/d facility as it was - whatever you do dont sign the form to put it in yr name only

pimento

I'd be delivering his three children to his mother's house for him to look after and get myself a job.

gratefulforhelp_2

zzzLazyDaisy wrote: »

So keep your savings for supporting you and your children,
Good luck in getting your life back on track.
Daisy

Do the savings count as a matrimonial asset? Should she be using them for living expenses/making sure they are frozen?

clearingout

gratefulforhelp wrote: »

Do the savings count as a matrimonial asset? Should she be using them for living expenses/making sure they are frozen?

I should think it would depend on how much and what they were used for. If they are used to pay the plumber, the gas bill, for food, clothing etc. then it's essential expenditure and no judge, should it end up in court, would argue with it (you'd hope anyway). However, there may well be something to be said about taking a £5k holiday and buying a brand new car when there's one that's 2 years old sitting on the driveway...Judges can only deal with what money is available on the day of a hearing - so if it's spent, the worst that can happen is a slap on the wrists, I think? I would suggest shifting any savings to where only the OP can get at them before the ex husband does it himself!

RAS

We need to sort a few things out here

missamoo wrote: »

Me and my husband are going thru a separation. I have always stayed at home and looked after the children while he has (occasionally) gone out to work. We have mostly lived off tax credits. Because of this we have been living out of our £1500 joint account overdraft for years.

Why if you have savings, do you have an overdraft? Are these savings in his name or in joint names?

Is he currently working?

If so, he needs to pay you 25 percent of his net income as CSA (whoops, self employed so that is hard). Ring them to day anyway.

missamoo wrote: »

Last week as he realised that the separation was a reality, first of all he tried to clear out the overdraft to leave me with no money at all (I have been left to bring up 3 children and it is taking me a while to sort out benefits etc). He then thought better of it and put £750 back, and also transferred £350 from our savings account which, after a couple of bills had gone out, left the overdraft at exactly £749.

Get a new basic bank account today - try the co-op or barclays. Transfer all payments you receive into this account immediately.

Then write to the bank and tell them to cancel all direct debits and standing orders and that all future debts from this acount require both signatures. that stops him running up any more debt for which you are jointly and severally liable.

In whose name(s) are the utility accounts? Read the meters today. To be bloody munded, leave anything in his name as it is and forward his address to the provider when it comes.

missamoo wrote: »

We separated on the 16th September and no wages of his (he's self employed, cash in hand) have gone in since 30th August. He then left me with a form to sign to put the account solely in my name. (which i didnt sign)

They will not allow you to do this anyway. The account can only be put in one name when it is in credit. When that happens, close it.

missamoo wrote: »

With the account £750 overdrawn he decided to reduce the overdraft facility to £500. This means that since the overdraft was reduced we have been accruing £5 charges daily plus bounced payments amounting to £50. I can't change the overdraft limit back to the £1500.

I haven't got any money to clear off the excess over the overdraft. He's refusing to put any money in the account unless I put some in as well, he says he'll match whatever I put in........ Apparently he has the money to match anything I pay in.

Any chance of getting him to say that in a text rather than in person. You want as much evidence as possible of the fact that he has money.

missamoo wrote: »

He's working and living rent free with his mum and dad. I have 3 children under 5 including a special needs child to provide for from benefits.

Have you made a new application as a single parent and have you claimed the single person's CT allowance? Do so urgently. You may be able to get emergency payments and you should also check out the Trussel Trsut if there is a delay in getting payments; they are a food bank.

missamoo wrote: »

He refuses to pay any money in unless I do. He reckons because he's left our home that they won't come after him for the money.

Complete boolocks. This is a joint and several liability and the bank will chase the person with the money for the whole debt, which appears to be him.

You are entitled to legal aid; find a rotweiler of a solicitor because he has always been underhand.

Do you know where he works? Report him to the HMRC because your CSA will depend on his tax accounts and it sounds like these are going to be sadly lacking.

Get you lawyer to help with the finances rather than the divorce. You can do it yourself apart from the financial settlement but might prefer to let your ex fund that. Ask the lawyer to start by goign to court to demand a full financial disclosure of all acount in his name and of his income.

NAR

Make sure you open the new account in a different bank. Also syphon out your savings before freezing the overdraft account (in case the bank try to transfer your savings to it).

Idiophreak

missamoo wrote: »

With the account £750 overdrawn he decided to reduce the overdraft facility to £500. This means that since the overdraft was reduced we have been accruing £5 charges daily plus bounced payments amounting to £50. I can't change the overdraft limit back to the £1500.

Has he offered any explanation as to why he reduced the overdraft like this?
Why can't you increase the overdraft again? Have you asked?