Rights against debt recovery company

bluepeter14_2

Hi fb

Thanks for the reply.

Just wondered how you could tell she's already paying? And if she is paying why are they still chasing me?

Am I wise to just leave it ?? It's all new to me so don't want to get into trouble but then don't want to get shafted either??

Thanks again

moongarden

Its on your credit file I would think. Leaving great big dirty marks through it.
If you have the money to pay it off and then pursue her for it then I would do that.

bluepeter14_2

I don't have the money to do that but also wouldn't on principle however I do see where your coming from so thanks.

MrsTinks

If the account is still in joint names and it's defaulted then yep it'll have left a lovely big default on YOUR file too... And I think we're assuming she's paying because you said she's making payments...

Unfortunately as far as the DCA and bank etc are concerned then if your name is on that account then you are JOINTLY liable - and probably regardless of what piece of paper she has signed... You may find if it does at some point go for a CCJ that the judge may or may not agree with you or he may hold you both fully and jointly liable for the debt...

BargainMad_3

Joint and Liable debts are - like the others have said - just that. A DRC can chase both of you up for the full debt regardless of what promises and sworn statements you have entered into between yourselves. The bank/drc are not interested in your "ex" saying she will pay. They want that anyway! And they want you doing payments as well in case she doesn't !


Sadly I see so many cases where love's young dream turns nasty and those joint agreements and associations on credit files come back to haunt both parties.

So even if she promises to clear the debt in x amount of time they will still come after you as well to clear it sooner.

boogiemaster

They threatened to take me to court when I owed them £1400 on my overdraft and I was on income support but they never did take me to court

timbstoke

Just to be clear on the legal situation here - there are, it seems, two seperate agreements in place relating to the overdraft. You and your ex have an agreement with the bank whereby you are both jointly and severally liable for the overdraft. You have a completely seperate agreement with your ex whereby she takes full responsibility for the overdraft repayments.

Therefore, the bank are entirely at liberty to pursue you for the overdraft based on the agreement you have with them. Any agreement you later made with your ex is of no interest to them. If they took you to court, they would probably win.

The agreement you made with your ex is entirely seperate. If you make any payments towards the overdraft to protect your credit rating, your agreement might allow you to pursue her to recover the payments you made, but it doesn't affect your relationship with the bank.

I assume when you broke up, you were sensible enough to have the account frozen, so the only debt in there is the debt you ran up while you were together, right?