Ex Wifes Personal Loan

oldjonah

After arguing with the HSBC to stop Ex Wifes personal loan being paid out of my partners currant account, payments have resumed after 3 months of them being stopped.

The loan is solely in Ex wifes name and the banks view is that someone must pay it....why does it have to be us?

Surely the HSBC cannot make someone pay a loan that is not theirs?

Need some help really badly ppl as I need to get the £400 they have taken this month back for my rent

Thanks all

margaretclare

Hi

Is this loan totally in ex-wife's name i.e. not a joint loan? If so, she is solely and totally responsible for it.

Why are payments 'being taken' - does that mean that your partner set up a standing order or direct debit for his ex's loan to be paid? How can money be taken out of his account unless he gave authority for it? He needs to look into this and quickly! If any such authority has ever been given - direct debit/standing order - then cancel it immediately!

Do you mean that the loan is with the same bank that your partner's current account is with? If so, more complicated. He needs to go along and see the bank, taking with him decree absolute, anything else that he has in writing, and say that he never gave authority for this to be taken.

When my present husband's previous marriage broke up and he walked out, he wrote to the banks, utilities etc and stated that 'as of this date I will no longer be responsible for Mrs's debts'. And that was that.

Aunty Margaret

oldjonah

When the joint account was split, 2 seperate personal accounts were made and the bills were supposed to be spread equally. For some reason my partner ended up with his and hers personal loan and in the beginning she paid back the money for her loan.

When she stopped paying it we continued until we could no longer afford to and had the standing order cancelled which wasn't easy as the HSBC's policy is that without another account for it to be paid from they won't stop the payments.

They finally agreed and all of a sudden this month take 2 payments. After a lot of phone calls I find out that because the Ex didn't/won't set up a standing order for it they just came back to my partners account even though the loan is in her name alone. They didn't advise us or give any warning that they were taking the money.

Surely if he signed to cancel the standing order they would need him to sign to set it up again?

idiot_3

it is not that simple. if it is a joint account it doesn't matter if you are divorced and change names etc. both parties are jointly and separately liable for any amount outstanding. are you sure your partner wasn't down as a garuntor? if so he is liable.

if it is deffo in her name and is on dd then use the direct debit garuntee to get the funds returned. also if they did not write to you giving notice before resuming payments then you can claim it back.

the thing with banks is that !!!! ups are frequent. make sure you get EVERYTHING in writing, and keep copies. talk to them. ignoring it will only make it worse.

louise1234_2

Are you married to your partner now?? Does she have same name as your ex mrs X?? If you have online banking, can you cancel it there??

I'd write to complaints department of bank expressing your disappointment with the way you have been treated. Forget the staff in the branch, if they cannot see it is wrong for you to be paying a loan that is not yours, but stick to policy they don't have intelligence or intiative to sort it out.

When complaining threaten to go to media, as they will take your compliain more seriously.

I am sure someone will be able to help you, and you should get all the money back. but it will take time, ask for an extra overdraft to cover your rent this month.

Let us know how you get on!

brummybloke

you could change banks completely, as long as they have not messed up his credit, get a current account somewhere else, close all accounts with them and hey, if they take him to court ( as long as he is not named on her loan) what can they do?? when it clearly states someone elses name on the agreement.

the only problem is if it was a secured loan and they had their own house/flat, his name would deffo be on the paperwork then.