Do I have any rights at all? (Re posted from another thread)

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?

parsniphead

Good luck with impending birth.

I can't give you any advice re your situation but I'm sure someone will be along later today with an answer.

Have you tried speaking to the Citizens Advice Bureau?

sourcrates

Hi,
Wow, what a complicated affair.

A CCA request may not give you the information you are hoping for, as since 2007, an unsigned copy is sufficiant for the purposes of a sec 78/79 request.
If as you suspect, this is fraud, you should report it as such to action fraud, it may be difficult to prove your innocence in this matter.

I would advise contacting National Debtline, and running it past them, see what there advise is.

[Deleted User]

Firstly, be very wary of dealing with debt collectors. They would sell their grandmother and give you a discount for cash. I honestly think this is one for a solicitor. Was any of these joint debts mentioned in the divorce ? If not, your ex may have acted unlawfully, and I would get good legal advice.

PollyPrissypants

I can only echo what others have said. If the debt is in your name, they'll pursue it unless you can prove it was signed fraudulently. I think you stand a good chance of proving it though considering you were thousands of miles away at the time! Most loan agreements made in the UK are open to UK residents only and I'm going to assume you weren't one at the time the agreement was made. Speak to a solicitor urgently and if necessary, the police. Good luck x

World_falling_apart

Hi everyone, thank you so much for the advice. I have contacted national debt line, they say that the onus is on Westcot to prove I owe the debt. The police helpline have advised me to go to citizens advice.

I have looked at my credit report- only goes back to 2009, but he appears to have stopped paying September 2013, which was when he got sacked. This loan dates back to 2002, so I am hoping the section 78/79 thing will at least reveal if it's my signature on the paperwork, and hopefully a detailed statement that will show the transactions after we split, and when I was in Australia. If nothing else it gives me evidence to show his parents so they will lend him the money to get this paid off.

I can't even begin to say what I'd like to do to that cretinous scum son of a....! I refuse to believe there is nothing I can do! They can drag me to court, throw me in jail, I will not pay for debt that isn't mine!

PollyPrissypants

You sound like you're well rid of him. For what it's worth, I also had 5 miscarriages before I got DS1 and I now have 2 beautiful, healthy little boys born without any issues. Stay positive because your new baby needs you, you're in the right here and you know it.