Chasing debt after 6 years!!!

Riddick2013

Hi All

my partner got divorced in 2005. At that time she had a joint bank account with barclays and her ex ran up 3k worth of debt on the account via mobile phone calls which were debited via 02 at the time.

He is now out of the country. My partner went to the financial ombudsman who stated she was liable as it was in joint name and seeing as they couldn't get him to pay they turned the screw on her!!! O2 didn't want to know and said because the mobile contract was on a joint bank account they were perfectly entitled to take payments.

There was effectively nothing she could do to stop him racking up bigger and bigger debt on the joint account.! The mobile phone company wouldn't stop him and the bank wouldn't stop O2 from taking payments.:mad:


My partner sort of ignored the debt which isn't great i know. She moved house in 2006 and they've just caught up with her again..6 years later.

She is distraught at them asking her for it. Is there anything she can do? It seems so unfair thet she has to pay her ex partners debt.:(

She has contacted citizens advice and is awaiting an appt with them.

Does anybody have any ideas about what we can do about this please?

ianders

If it's after 6 years then it will be statute barred and unenforceable.

https://forums.moneysavingexpert.com/discussion/2606811

roonaldo

Riddick2013 wrote: »

Hi All

my partner got divorced in 2005. At that time she had a joint bank account with barclays and her ex ran up 3k worth of debt on the account via mobile phone calls which were debited via 02 at the time.

so there is 2 issues here, the mobile phone debt (the ex's) and bank account (joint)

O2 didn't want to know and said because the mobile contract was on a joint bank account they were perfectly entitled to take payments.

if this was the nominated account then yes, the way round this is to ensure you have both signatures required to authorise direct debit payments.

There was effectively nothing she could do to stop him racking up bigger and bigger debt on the joint account.!

She could have cancelled the direct debit from the account, that would leave just the mobile bill which the ex is still responsible for payment.

My partner sort of ignored the debt which isn't great i know. She moved house in 2006 and they've just caught up with her again..6 years later.

She is distraught at them asking her for it. Is there anything she can do? It seems so unfair thet she has to pay her ex partners debt.

but it is her debt, the bank account was joint so she is jointly liable for it, can she prove that all the debt occured was 100% caused by the ex? who's transactions they were is almost irrelvant from the bank's point of view.

Does anybody have any ideas about what we can do about this please?

the money owed to the bank is still owed and she is liable. she could pay it and take the ex to court? argue the limitation act?

fermi

Depending on who paid and acknowledged what around that 6/7 year ago period, as said it may be statute barred.

Can be complicated when another person is involved who may have made payments, plus overdrafts can be tricky depending on when they were called in, so I would give National Debtline a call to talk the specifics over and see what they think.

Freephone 0808 808 4000 http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Riddick2013

Thanks for responses. It wasn't a direct debit it was a STANDING ORDER placed by the ex husband. 02 would not cancel standing order due to him not asking for it to be cancelled...and the bank said they could not cancel unless o2 asked for it!

He carried on using the mobile not giving a monkey's about the debt and has now left the country.....seems very, very unfair.

spacey2012

Ask for a full statement of account.
take it from there.

roonaldo

Mobile Phone bills are never ever paid by standing order as they are varying payments each month, it was a direct debit. you even said in post 1 that they were taking payments, this is not a standing order. but as 02 are not chasing you for money so this irelevant, the bank is chasing you for a debt you own.

you are right it doesnt sound fair.
I would seek out whether its time barrable or not.

Riddick2013

Yeah just called nationaldebtline. They feel it will be statute barred as no contact from them for over 6 years. They have sent a letter out for us to send to Barclays.

Riddick2013

can't have been a standing order then. I think she was scared to tackle ex husband at time as he was subjecting her to domestic violence. Anyway hopefully we can make some progress on this now.

Whatever the outcome they won't be getting a penny unless they seek legal action and at least we can have our day in court with them (if it comes to that).

Riddick2013

With this being a bank account debt which is 3k can this be enforceable after 6 years? and could the debt collecting agency that barclays are using use bailiffs? I mean this is not a secured loan...can banks use bailiffs to enforce unpaid bank accounts in arrears.

If so what sort of debt would my partner need to claim bankrupcy! In total with store cards it's just over 5k (would that be enough to claim bankrupcy).

This bank account originally had an overdraft of £700 and barclays let her ex run up a debt of 3k on it!

Riddick2013

As a further to the above. The bank would not let her cancel the direct debit by herself as it was a joint account...that's what they said at the time.

The ex didn't give a monkey's he just kept on racking up the phone bills and letting the bank account get deeper and deeper into the red.

Barclays didn't give a monkey's either and were happy to let the overdraft be exceeded by over 2k!!