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Default by default

I know that there isn't much I can do on this but would like to know how I can get info on the account without admitting liability.
In 2000, my boyfriend at the time and I opened a joint account with the woolwich to save for a trip to Ireland. Saved about a thousand, withdrew most of to pay for the trip and never used the account again. I totally forgot about it and as there was less than £5 in there, never gave it a second thought.
Anyway, the relationship broke up a year later, but as we were both so badly in debt, carried on living in the same flat for another 4 years, both leading totally seperate lives. In 2005, he disappeared, didnt pay the rent or any bills for a long time and I subsequently had to give up the flat. He moved in with his current girlfriend then, I have moved several times since finally settling where I am in 2007. In 2008, I signed up to experian credit reports to look at my various owings. I had quite a lot of debt over the years due to this man, but had always paid everything I owed and was starting to come out the other side. I noticed on the credit report there was 5 missed payments and a default on there on a Barclays account. As i didnt have an account with them I investigated further, and found it was the old joint woolwich account that I had with my ex. he had somehow I presume got an overdraft and gone over the overdraft and missed evert payment to pay it back. This I would assume all happened in 2008, 7 years after we had split up and 3 years after he moved in with his current partner. I phoned barclays and was told that it was tough as my name is on the account also that I am liable. I refuse to pay this debt point blank, there is no negotiation on this! I have been told by solicitors and citizens advice that the only way out is to pay it and then persue him for the money, but it would be a waste of time, as he is up to his eyes in debt, I doubt anything has changed since we shared a flat, as he just hid all the letters! I imagine the account is still linked to the old address too so they cant find him. I know he will never pay it and if I got in touch, i would just end up with a torrent of abuse. I have no account number, card or any details of this account. Does anyone know how I can look up to see where, when and how this debt was run up without admitting liability or letting them know where I live?? This has been hanging over me for 4 years so far, I have been paying off this persons crap for the past 11 years, I'm nearly out and free, but there is another 2 years of this on my credit report. I have moved on, am engaged to a decent man, really want to get a mortgage, and I will in the next few weeks need to get a new car for work purposes, but with that on my credit report, I think I will be turned down for any mortgage or car finance options. Does anyone know anything around this subject?? any advice greatly appreciated.

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi
    This I would assume all happened in 2008

    What is the date of the default on your credit file? Is it in 08 and thats why you assumed that he ran the debt up at that point?
    What is the amount of the defaulted balance? and the current balance?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • mildredalien
    mildredalien Posts: 1,057 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    I don't know how to get out of the situation (unfortunately unless statute barred, your name on the documentation means you are liable). However, I do completely understand why you really don't want to pay any more!! I was in a similar situation with an ex, well still am really, I'll be paying off the last of a loan I took out for him in 3 months time _party_. Similarly, he was (and still is as far as a I know) a sponging bum and would never have had the money to pay anything towards the debts so I never bothered to pursue it. I definitely learned a huge lesson though!

    Anyway in the interests of actually being helpful, does it say on your credit report what the details of the account are? You can probably contact the bank and ask for a complete record of the account without actually admitting any liability for the overdraft - after all it is your account, you are entitled to that information.
    Savings target: £25000/£25000
    :beer: :T


  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hello squancy

    Sorry to hear about this predicament. It is certainly not unique; as advisers we come across this sort of scenario on a fairly regular basis. It just underlines how important it is to thoroughly sever any financial ties in the event of separation.

    As far as the Woolwich/Barclays debt is concerned, are you saying that there was no agreed overdraft facility in place at the time of your separation? If so, this might raise some questions about the bank's decision to grant an overdraft without the say-so of both account holders.

    The most likely outcome of all this - should you be unable to dispute liability for this debt - is that you can add a Notice of Correction to your credit report to explain the specific circumstances behind this default. This will mean that applications for mortgages etc. will have to be looked at more closely by underwriters, rather than simply being rejected by computerised credit scoring software packages.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Tixy
    Tixy Posts: 31,455 Forumite
    In terms of trying to get information on the account.

    You could send a version of the prove it letter, changing reference to a letter to reference to having seen this entry file on your credit file.
    http://forums.moneysavingexpert.com/...93&postcount=2

    This letter specifically does not admit liability.

    That way they should respond to you to provide some details of the debt - this might then give you some info as to when and how the debt occured.

    Of course you would need to give them your current address - but they can find this out from your credit file anyway.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
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