On a DMP but ex-husband gets off scot free!

pandakl

Hi all - wondering if anyone can be of any help?

I am about to have my divorce finalised from the ex-husband who has left me with debt of around 40K...I have spent the last god-knows-how-long sorting it out (or trying to) and have finally got onto a DMP with CCCS although as a working single parent I am finding the repayments on that tricky too. However, now that I am on a DMP, I find that the people I owe money to are not chasing my ex for his part of the debt (the ones in joint names) because they are getting something every month. I have spoke to them and ASKED them to still chase him as the DMP is in my name, not his.

He clearly has no intention of paying any of this back even though he works full time in a well paid job. So he has racked up 40K of debt that I am left to repay for the next million years.

Does anyone know if I can take legal action against him to force him into paying me back some of this debt?

Thanks in advance

Panda

rog2

This really is a difficult situation, panda, because, in the case of 'joint' debts and accounts, the creditor can chase both, or either, of the debtors for payment. In most cases the creditor is not interested in situations like yours, only in getting paid.
You can TRY talking to a solicitor (CAB will have a list of solicitors who give initial free consultations) but I would imagine that the contracts are so written as to make it extremely difficult to chase the errant party.
I feel, very strongly, for your situation and I hope there is a solution.

pandakl

Thanks Rog. I find the whole situation amazing because these creditors have the opportunity there to get their money repaid quicker if they chase him, yet they are totally disinterested!

Unfortunately, even though the whole 40K is HIS debt, I was stupid enough to let him run up half of that on my credit cards (I know..stupid) so I have to swallow that and I will, but I'm really not happy about him walking away and leaving me to clear up his mess. My credit rating now sucks and it had taken me months to stop the nasty phonecalls and letters. I shall have to contact CAB because I can't let him get away with this.

Panda

rayday2

We had a joint account that was in debt and the bank choose to chase my husband as he was the "first" name on the account. I am not sure of the legality of this but have you written to the companies giving his his address etc please do check it out first before doing it. Definately as companies refer onto DCA they maybe more interested in chasing your partner too. But it depends if they have dropped his name off the account which was what happened to our bank account they no longer write to me at all.

Must be highly frustrating for you.

rayday2

Hmm just one thought when you went through divorce did the debts or property come up in the settlement talks. Say for example if you got to stay in the house did you take the debts on etc because that will effect things so double check maybe with your divorce solicitor.

MrsTinks

Have you thought about bankrupcy? If you went bankrupt they'd then pursue him for the full amounts and leave you alone

Not saying it's a solution but might be wirth mentioning to him that if he doesn't pay his half then you might be forced to go bankrupt and then he'll end up responcible for the full amount in joint names...

Sorry in a cantanckerous mood today - feel free to ignore me

Nutty_Tart

Hi, just wanted to let you know you are not alone. My ex went bankrupt halfway through divorce and left me paying back £60K debt. Unfortunately, from my experience these people just want their money and don't care who pays it. I gave them his address, telephone number etc but as I am paying they are not interested.

Be strong, you will get through this - especially now you have found this site - I wish I had found it sooner! I have managed to shave years off my debt free date with the help of the wonderful people on here.

Shineyhappy

I know how you feel! My ex didn't pay his share off our mortgage for months and when I spoke to a solicitor he said that the bank wouldnt care that it was him that didnt pay and they wouldnt chase him specifically, they just wanted it paid. I ended up buying him out of the flat so I had to pay, even though I had let him have money from our joint account for that very purpose!

I think the only way for sure will be to see a solicitor and read the small print. Unfortunatly I think the banks wont care as you are already paying them.

Good luck sorting it all out, I think the best chance is to sort it out in a divorce court.

Dr_Hook

Unfortunately, because joint debts are jointly & severally liable, you are both individually liable for the full amount (which is why a joint application for credit is more likely to be accepted than a sole app - the lender is limiting their risk).

Was this addressed in the divorce at all?

pandakl

Thanks all. I kinda guessed that, because they were being paid something, the creditors would leave him alone - even though I have phoned them, given them his details etc...they just don't care.

The divorce is 2 weeks from the decree absolute - I did it all myself to save money so there are no solicitors involved. Therefore, the money situation was never raised. With hindsight, I should have seen a solicitor but I was just desperate to get rid of him.

I did consider bankruptcy but it kinda freaked me out.

Am I not able to take him to court myself because I am repaying his debt?

Panda

rog2

pandakl wrote: »

I did consider bankruptcy but it kinda freaked me out.

It shouldn't 'freak you' and if you are sitting on £40k of debt, with no assetts, then it is seriously worth examining. Have a chat with CCCS and a look at the 'Bankruptcy and Living with it' board.