Ex's debts - credit card

Cariad9

Hi,
I'm not sure if I'm in the right forum but explain best I can.

Separated form husband 18 months ago. Initially amicable (until new girlfriend arrived on scene - usual story). Initially agreed on a financial settlement between us which consisted of a share of his pension (I couldn't work during our marriage due to his job) and 50/50 on debts (I would say these were 100% his debts as I stupidly took balanced transferred his CC over to me when we got engaged because he had terrible credit, then during our marriage didn't make inroads into it as he had expensive tastes lol! - but beside the point).

Anyway, got initial agreement drafted up in a consent order. It took a bit of time, fully admit that was mostly me as I didn't really prioritise it, little bit that his solicitors were hopeless and kept sending stuff out wrong. Day before the decree nisi I get a letter from his solicitors (I took legal advise but never appointed my own solicitor) saying he no longer agreed to the consent order - despite both of us signing it, so wouldn't be presented to the court. As we live 150 miles away from each other, nothing I could do about that.

So the divorce goes through, look again at the consent order and agree to revise the initial agreement just to include the 4 years I wasn't working. TBH although I'd been advised I could ask for more of the pension sharing I agreed as I thought this was fair. We than agreed to come to a private agreement between us to split the debt 50/50.

It now looks like he's going to refuse to pay the debt (around £8,000 so as we agreed £4,000 each). I have it written in the original consent order that this is joint debt which he's agreed (and signed), I have messages where he confirms it's his debt, and also emails agreeing that he'll pay 50% if I sign the consent order (although these are with the new girlfriend not him).

Do I have a case to bring it to the small claims court? And if I do, could I also ask for the interest on it that I've paid for 18 months (which I haven't asked for so far?)

Hope that makes sense!

Thanks

National_Debtline

Hi Cariad9,


Situations like this are never ideal, and can be stressful. If you did put all of this debt into your name, through balance transfers, then you are the only person who is legally liable and can be pursued from the banks perspective.


Whether you can then take your own civil action against him based on the consent order/ ruling from the divorce is something you will need to get your own legal advice on I am afraid.


If you are struggling with the repayments on the credit then it may be worth posting a SOA so that we can look at other options to help with them. Good luck,


Laura
@natdebtline