Do I have any rights at all?

World_falling_apart

Hi everyone, I'm hoping for some advice on what I can do. I have tried asking on another site, but only received stock answers and could really do with someone who can think a little wider.

Just to set the scene for why I am so desperate and worried: I am due to give birth any day now to my first child after 5 miscarriages, and my father is very ill with cancer and I am hoping he'll live to see his grandchild. This problem has re-appeared years after I thought it was sorted.

I split with my ex husband nearly ten years ago. We had a lot of debt, most of it was his doing, and the main reason for our divorce. I took on 20k of debt that was in my name and he took the rest, but did not disclose the nature or amount of that debt. I asked him several times whether there was anything in joint names or anything else I needed to know, and he denied this, and was happy with the way things were split. As I was packing to leave I found hundreds of hidden letters regarding loans, credit cards etc, many unopened so I suspect his debt problem was substantial.

I moved to Australia, met someone new, remarried, and in 2012 managed to pay off the last of my debt and so viewed my credit record in preparation for getting a mortgage. I found a Santander loan on there that defaulted in 2011 for £11400. I contacted Santander for details and they only told me it was a loan jointly held with my ex. They ignored my requests for further information about the account, and they refused to provide me with copies of the credit agreement or a statement of transactions. They wouldn't even give me the account number as I 'failed' the security checks! From my credit report I could see that the debt was accrued after the split, and whilst I was living in Australia. I very vaguely recall a joint debt consolidation loan we had in 2002 that was paid off in full by remortgaging the house when things first started to get out of control. At the time I told him to close all his credit card and loan accounts down, and he told me he'd done this. I had no reason to distrust him them.

I contacted the ex and he said he'd sort it. I received no demands of payments from Santander, or any correspondence at all from anyone about this loan, so whilst being angry that my credit record was affected, I was satisfied an agreement was being reached.

Fast forward to this year, and I received a letter out of the blue from westcot debt collectors in my old married name. I called them and they said they wanted to update my details in relation to this loan, but wouldn't give me any other information. I cooperated fully with them and explained the situation that this debt was created without my knowledge or consent by my ex husband on an account he told me was closed. I have since received a demand for payment for the remaining £9600. I didn't spend a penny of this money, had no knowledge of it, and can prove this. My ex has recently been sacked from his work for stealing, and was struck off the nursing register. The hearing papers state that he is a very dishonest person, a threat to public safety and has a deep seated attitudinal problem.

He has basically heaped thousands of pounds of debt on to me that I was not responsible for and I have been told that essentially I have no rights whatsoever and have no choice but to pay it!

My actions so far have been to send a cca request letter to Santander requesting a copy of the cca and a statement in 12 days under the 1974 act. This expires end of April. I have also emailed my ex and told him to get this sorted or I'll have to take things further. No reply yet. My options seem to be: if santander cannot provide evidence of this debt in my name then hope it then becomes unenforceable and they continue to pursue the money from my ex (he has been paying it slowly up to now) or scare him into getting a loan from somewhere to pay it off in full (possibly his parents).

Can anyone else give me any advice? I know that the terms and conditions of the loan may well have said he can act independently of me, but surely I have to be aware that this account existed at least?? He lied to me when he told me it was closed- do I have any legal rights if I have been lied to? He's essentially a con man, and a proven liar and thief- do I have any rights at all?

Pixie5740

How were the loans dealt with during your divorce?

This might not be anywhere near as bad as you think. If the loan was defaulted in 2011 then you've possibly not got long left until it becomes statute barred.

You might be better posting on the Debt Free Wannabe board where a user called sourcrates should be able to help as he/she is really knowledgeable about these kind of things.

World_falling_apart

Thank you! The debts were handled just between us, and we agreed to take only what was in our names and he denied there being anything 'joint'. I wanted as clean and amicable break as possible, as people do, and at the time the depth of his dishonesty etc were unknown to me and I trusted what he said (stupid, stupid I know. Hindsight)

poppasmurf_bewdley

With these debts going back so far, you need to check whether they are in fact statute barred, ie if nothing has been paid to the loan account, no acknowledgement made nor a CCJ been issued for a clear period of six years.

If you do have a clear period of six years, then work out when the debt became statute barred. Once a debt becomes statute barred, it cannot be un-barred.

World_falling_apart

Unfortunately, it very much looks as though the ex has been making payments to this in the last 3 years as its dropped from 11,400 to 9,600 so if I understand right the 'clock' is reset if either named account holder makes a payment?

Have reposted on debt free wannabe on pixies advice too.

poppasmurf_bewdley

World_falling_apart wrote: »

Unfortunately, it very much looks as though the ex has been making payments to this in the last 3 years as its dropped from 11,400 to 9,600 so if I understand right the 'clock' is reset if either named account holder makes a payment?

Have reposted on debt free wannabe on pixies advice too.

That's why I suggested you calculate if and when the debt became statute barred. If it became statute barred before your ex made any payments, the debt would still be statute barred.

World_falling_apart

Ah, I understand. Will have to wait for the statement then (IF I get it this time!)

Thank you for advice, will look deeper

Pixie5740

It might be worth getting hold of all 3 of your credit reports (Experian, Equifax and Call Credit) to see what else is on there. Then once you know where any joint debts are held, make sure you don't have any accounts with those banks or banks associated with them. That way your accounts won't end up being raided to cover joint debts.

I honestly wouldn't worry too much about all this. Credit files can be repaired, just focus on your pregnancy and take care of yourself.

Clive_Woody

Also if he took out a joint loan without your knowledge after you were separated then presumably this is fraud and should be reported as a crime to the police. I would imagine he needed to forge your signature to take out this loan. Once you have a crime number I would provide this to the debt company and tell them to pursue your ex.

TrickyDicky101

Clive_Woody wrote: »

Also if he took out a joint loan without your knowledge after you were separated then presumably this is fraud and should be reported as a crime to the police. I would imagine he needed to forge your signature to take out this loan. Once you have a crime number I would provide this to the debt company and tell them to pursue your ex.

^ this. Having read your opening post I really do fail to see why you are expecting your ex to sort this - in your own words he committed fraud (against you!) and sounds like a complete waste of space and yet you seem to expect him to 'sort it'???? Why?!

World_falling_apart

I know I know! It's honestly not a misplaced sense of hope in human nature- I just feel I have such a lack of options and him for once doing the right thing is the easiest. He's also a spoilt brat ànd his parents are fairly well off and could bail him out if they knew the facts then he'd owe them, and he'd not want to let them down. It boils down to convincing the bank that I knew nothing about this loans' continued existence. I have put a fraud report into action fraud, and enquired on police website- they suggested citizens advice. I just have such a lack of information- balance of debt and when the loan started and that's it, and Santander aren't even meeting me halfway with this! I'm just waiting now to see if my cca section 78/79 letter has any success.... :-(