help! my ex has ran up debt and I have to pay

mmmmegan

Hi,

Posting on behalf of a friend who went through a divorce and believed that their joint account had been closed.
Now, years later, they have been told this was not the case and she has ran up hundreds of pounds of debt.

The account did not have an overdraft so the debt has accrued due to direct debits.

The bank rang a couple of months ago and my friend immediately contacted the ex who apologised and saud she would sort out a payment plan.

He has now been told this did not happen. He is struggling to get the statements but is considering paying the debt (by borrowing money) and taking her to a small claims.

I wondred if anyone has any advice as it seems the ban8 should have stopped the direct debits? Also wondered how feasible the court is?

Thank you in advance.

jackyann

Specialist help needed I think.
I would suggest that your friend goes to a solicitor if they can possibly afford it (check insurance to see if legal advice is covered, or some trades unions have cover for members)
If not, then CAB or a local law /debt counselling service should be able to help (info usually on the council website)

peachyprice

First thing he needs to do is get the bank account frozen.

He's probably better off agreeing a payment plan with the bank rather than taking out a loan to repay the debt if he's determined to pay it off himself.

As for court, I'm not sure he'll get very far, they were both jointly and severally liable for the account, he was equally responsible for making sure the account was closed, he never should have taken her word that she had closed the account in the first place.

double_mummy

peachy is right he is equally as responsible therefore he will have no chance in small claims court

he should get an arrangement sorted asap as this can reflect on his credit reference file

LannieDuck

Did they have a financial clean break when divorced, and what made him believe the joint account was closed - letter from bank / something in writing from ex?