Help please with Joint Bank a/c debt.

always_broke

I would greatly appreciate any help on writing some letters to help me sort out my debt. I will have to make other postings for other debt problems.

I apologize in advance for the length of the following post and my confused ramblings. If any thing doesn’t make sense I will clarify.

My nearly ex-husband and I have had a joint Current Bank account together for eleven years. From the start of the marriage he was always getting into debt with loans, credit cards, etc. He used this money to fund his lifestyle of cars, boats, clothes, hobbies, single holidays with the boys!. (We do have two beautiful children).

When he couldn’t pay a Credit Card issued from the same Bank they transferred the full amount due of approx £1,200-00 into our joint current account in approx March 2003. (I was second credit card holder but hardly used it).

We then got a Statement from Credit Card Company to say account was in credit of £3-26.

I have a letter from joint Bank account addressed to my husband only, showing £1267-66 outstanding on October 2003 demanding payment within 14 days.

I think my husband then made arrangements with the bank to set up a monthly repayment of £30-00. Payable by a direct debit from his account with another Bank. He made these payments until of March 2006, balance outstanding £421-49.

At no time can I remember authorising for these payments out of our Joint account, verbally or in writing.

I also asked my husband at the time how could the bank do this without my permission and told him I wasn’t happy being half responsible.
(By now I realize my husband continually built up debt and stopped making payments, told lies or left me to make payments. - He even walked out of C.A.B. Debt meeting.) On the same bank account before this happened I had to hand back Cheque Card and Cheque Books.


In November 2006 my husband left home to move in with his Girlfriend (surprise!). A week later I received an eviction notice and repossession proceedings from our Mortgage company. (House later sold with shortfall - no equity and estate agent fees, etc., still outstanding). My current Credit file is showing Mortgage paid but Defaults.

I moved out that week and lived with my parents in another town for seven months while on the local Council’s Emergency Housing list.


I have my own Bank account (20 years) with the same Bank we have the Joint account with and stupidly only updated my address for my this account. Postal Mail also redirected December 2005/2006.


I have not been working the last five years due to illness and having been using my Benefits to make payments to various creditors (Will make other threads).
Took out Loans for husband when he couldn’t get any more Credit (I now know how stupid I was!) I now have no assets.

I paid £220 approx to Legal Aid and started Divorce proceedings In December 2005, Decree Nisi granted in April 2006 but proceedings still on going.


My Solicitor asked in May 2006 for the latest Joint Bank account statement it showed an outstanding balance of £421-49 and payments of £30-00 made regularly for last six months.

In May 2007 my Solicitor asked for an update of the same account.

So I called into the Bank during May 2007 and asked the teller for an up to date Bank Statement. She said this was not possible as the account had been closed and called another member of staff. I was taken aside and told that the Bank account was closed in November 2006 and the debt passed onto their own Debt collection.

I was told an up to date balance or latest transactions could not be provided on their computer screen as the account was closed they would have to go to their files and It would it take a while.

I asked the member of staff to update her records with each of our new addresses. And to provide me with an up to statement and a copy of my agreement to this debt, I also told her I hadn‘t received any letters about closing the account or their Debt Collection Department.

At the end of May 2007 I received a statement showing £421-49 outstanding but have received no other letters for agreement or from their Debt Collection Department.

I also received this week a copy of my Credit File and it shows the account closed and Defaults.

I did not receive any Default Notices or Account Closure letters and my mail was redirected until December 2006.

This Bank always piled on the charges to this account, so once I get this sorted the charges are next.


What do I do next and what do I write? Many thanks in advance.

p.s. Still counting my Blessings! :j
Poor Girlfriend, Young, Own house, Car, Good Job,
Never Married, No Children and Ex Hubby!!!!;) :rolleyes:

bluezone

"I have a letter from joint Bank account addressed to my husband only, showing £1267-66 outstanding on October 2003 demanding payment within 14 days.

I think my husband then made arrangements with the bank to set up a monthly repayment of £30-00. Payable by a direct debit from his account with another Bank. He made these payments until of March 2006, balance outstanding £421-49.

At no time can I remember authorising for these payments out of our Joint account, verbally or in writing.

I also asked my husband at the time how could the bank do this without my permission and told him I wasn’t happy being half responsible.
(By now I realize my husband continually built up debt and stopped making payments, told lies or left me to make payments. - He even walked out of C.A.B. Debt meeting.) On the same bank account before this happened I had to hand back Cheque Card and Cheque Books."

Hi there, I cant help all that much but I was in a similar situation with my ex husband. Unless you signed a piece of paper when you opended the account saying that all withdrawals, direct debits etc needed 2 signatures then only one person is needed to authorise withdrawals, direct debits etc.

In a way its a shame you didnt use you additional credit card!

always_broke

Hi BlueZone

Thanks for your comments, sorry to hear someone else had to go through this. I don't hate him and life goes on. I'm just trying now to sort my life out for the children and I know that worse things have happened to other people.

I did sign that all transactions had to have joint signatures but they sometimes would pass cheques, letters to stop Direct Debits, etc., with only one signature.

I hope that you are getting things sorted out as well and wish you all the best. x

Jenna

Hey,

If you signed that all transactions needed joint signatures then surely they're in breach of the T&C's in allowing payments to take place without this?

I would suggest talking to the C.A.B. as they would be able to advise you on the legal aspects of this situation as well as on how to approach your bank.

As far as the credit file goes ... perhaps you could add a Notice of Correction, it can slow down applications for new credit but it might make you more credit-worthy as it would explain the situation e.g. the defaults on your mortgage. There's an article on this somewhere - I'm sorry, I don't have a link.

I hope it all works out. xx

bluezone

always_broke wrote: »

Hi BlueZone

Thanks for your comments, sorry to hear someone else had to go through this. I don't hate him and life goes on. I'm just trying now to sort my life out for the children and I know that worse things have happened to other people.

I did sign that all transactions had to have joint signatures but they sometimes would pass cheques, letters to stop Direct Debits, etc., with only one signature.

I hope that you are getting things sorted out as well and wish you all the best. x

Hello again, I am well sorted now and it is all behind me. I just like to help and advise others if I can as I found out the slow way!

As you have said you did sign the form then the bank is in breach of its T & C's. As stated above I would get some legal advice and pop into the bank to dicuss this.