15 year old debt with ex

owenmonicapeter

I have a debt from 1999 with an ex partner whom I split from in the same year.

The debt was the short fall of a repossession and was £7500.

I have paid about 40% myself, my ex has paid nothing.

Is there any way I could get the building society to chase him for the rest as it feels very unfair that it has fallen to me. I have other debts and getting rid of this one would make a huge difference.

antrobus

Sadly, it may well be the case that since your ex has not acknowledged the debt in any form over the past 15 years, the debt is now statute barred as far as he or she is concerned. So neither you nor the building society would have any luck in chasing them.

owenmonicapeter

If it is a joint debt and it has had regular payments then it is not statute barred for me, how can it be for him?

sourcrates

If both your names were on the agreement then surely you are only liable for half the amount ???

shortcrust

sourcrates wrote: »

If both your names were on the agreement then surely you are only liable for half the amount ???

It doesn't work like that, expect perhaps from a moral perspective. Both borrowers are liable for the whole amount, as many on here have found to their cost.

chelle1981

The bank are only bothered about getting the money they don't care about the ins and outs of a breakup - if both names are on a loan then you are jointly responsible- you can remind the bank that it is a joint debt and to also chase the other party but I fear the only way to make ur ex pay is to take him to court which is a costly and lengthily process but me be ur only option

chelle1981

It may also be worth reminding ur ex that if they don't pay and u don't pay this will stuff both of ur credit ratings and say that u can no longer afford to pay it all so if they don't want to muck up their own credit rating to pay up

sourcrates

shortcrust wrote: »

It doesn't work like that, expect perhaps from a moral perspective. Both borrowers are liable for the whole amount, as many on here have found to their cost.

Hi,
Yes your right, I was thinking about tax credit overpayments for some reason, DUR !!!!

owenmonicapeter

Thanks for the replies.


The house was repossessed and as far as I can remember the shortfall was never recorded on my/ex partners credit file as a default, nor have we come to any official payment arrangement, like another credit agreement.


Thinking aloud, is it possible that the debt is not enforceable?


Just trying to think of a way to suggest to the original creditor that they could write of the remainder of the debt as I have paid half, wishful thinking I expect!!


I am desperate to decrease my DMP timescale (currently 6 years 4 months left)

fatbelly

National Debtline have an excellent factsheet.

Mortgage shortfalls

with standard letters at the end. As others have said, the debt would not be statute barred unless there was a 12-year gap with no acknowledgement, and joint and several liability applies to the whole debt

owenmonicapeter

Thankyou, when I spoke to the solicitor who I make payments to, they haven't got any record of the joint debtor (my ex) they said it is just my name on the account.


I tried calling the building society directly but they said they didn't even have a record of the original mortgage or debt despite the solicitor passing the money to them every month!


I was hoping to ask them to consider writing the remaining balance off (approximately half) given that I am the only one who has been paying this debt since 2000 and I was the second applicant on the original mortgage earning considerably less than the main applicant and they have never even approached him.


Or am I wasting my time!