Ex Partners Debt

cateuk

Hi All, I have looked across the forums but can't find one relevant. Apologies - please redirect me!


My Ex partner has/had debts. I have no idea how much remains or if he is even paying them. He hasn't changed his address from mine. He isn't on the Electoral Roll and hasn't been for sometime. All post is returned unknown at this address but they keep coming.


My MSE Credit Club Report shows financial associations with him - can I apply for the disconnect even though on paper, he still resides at my address?


The Council won't apply SPD as I don't know his new address. But they did remove him from their records.


My concern is Enforcement Agents turning up at my door. They are debts solely in his name. What rights do I have to turn them away and what proof should I keep handy?


Thanks everyone, desperately trying to sort my own financial situation and don't want the added stress of an ex partners.

D_M_E

Would have thought that the council would apply SPD if they have removed him from their records - if they will not then complain if you are the only liable occupant.

As for the debts - all you can do is keep returning the letters and tell any debt collectors who show up that he is not resident and has not been so for x years and you don't know where he is, so go away. Keep the doors locked and don't allow them access.

Also, be aware that if the property is jointly owned, you/him, then the creditors can apply for charging orders on the property but only on his bit. If they do then they will be restrictions which can be dealt with. Note that if the property is rented then this does not apply.

EDIT if the property is owned then this could assist

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth&page=192#topofpage

cateuk

D_M_E wrote: »

Would have thought that the council would apply SPD if they have removed him from their records - if they will not then complain if you are the only liable occupant. We have a mutual contact which they are aware of and so say I must know where he resides. I've argued but hadn't considered a formal complaint.

Also, be aware that if the property is jointly owned, you/him, then the creditors can apply for charging orders on the property but only on his bit. If they do then they will be restrictions which can be dealt with. Note that if the property is rented then this does not apply. Property and bills are solely in my name and was the case for the most part of our former relationship.


Thanks for your reply!

MovingForwards

All I had to do with the council was write them a letter confirming my ex had moved out, they then applied SPD. I would recommend you phone them, speak to a manager, explain the situation and ask what can you do.

Debt letters keep sending them back, write 'no longer at this address', even if court papers turn up do the same.

Candyapple

cateuk wrote: »

My MSE Credit Club Report shows financial associations with him - can I apply for the disconnect even though on paper, he still resides at my address?

It's not as simple as that. Exactly what accounts are joint with your ex? Mortgage? Bank account? Loan?

In order to remove the financial connection with him from your files, you would need to both close a joint bank account (as in both of you have to visit the bank together and sign the forms saying that you want to close the account) then wait until you receive the letter or proof from the bank that the account has been closed, then you would need to contact all 3 of the credit reference agencies and send them proof of closure and ask them to remove the financial link.

With regards to joint mortgage, either your property would be sold and then you would receive the statement from the bank stating that it has been paid off and then same process as above. Or if he has bought you out or vice versa, you would need proof showing this and again same process as above.

With regards to his debts, if they are in his name only, then keep doing what you're doing and writing return to sender on the letters.

WhenIam64

Try a Letter of Disassociation

https://www.debtadvisorycentre.co.uk/blog/what-is-a-notice-of-disassociation-0-4113-0

The Council won't apply SPD as I don't know his new address. But they did remove him from their records.

You'll have to push all the way to the Local Government Ombudsman. Sounds as if they are looking for you to push back and if you don't they will presume he does still live there.

Candyapple

WhenIam64 wrote: »

Try a Letter of Disassociation

https://www.debtadvisorycentre.co.uk/blog/what-is-a-notice-of-disassociation-0-4113-0

From the link you posted:

You won’t be able to disassociate yourself from them if you still have an active credit account in joint names though. So if you’ve split from a partner but still have a joint loan that will have to be paid off before you can apply for disassociation.

The OP has already said she’s checked her credit report and it says they are financially linked which means they have a joint product(s) together.

Why bother offering advice if you don’t know what you’re talking about?

cateuk

Candyapple wrote: »

We had joint accounts years ago, I had them closed due to becoming aware of debts. His name has never appeared on any accounts or bills, only a tv subscription which I'm thinking he may not have cancelled. His name, my address.

So apart from that, I can't think how we are connected financially. The credit report doesn't show any open lines. Could it be old accounts so a historic connection?

Property is mine alone, always has been so concern around the mortgage.

Candyapple

If you had a joint bank account(s) it requires both parties permission to close it, it’s not done on the say so of just one person. Did he sign/agree to the closures of these accounts? Do you have proof that the accounts are closed?

Are these accounts still showing as active on your credit reports? Have you checked all 3? (Experian, Equifax and Call Credit)

You say that your MSE one shows you as having him as a financial association - does it show you what bank/company links you both?

Westie983

Candyapple wrote: »

If you had a joint bank account(s) it requires both parties permission to close it, it’s not done on the say so of just one person. Did he sign/agree to the closures of these accounts? Do you have proof that the accounts are closed?

Are these accounts still showing as active on your credit reports? Have you checked all 3? (Experian, Equifax and Call Credit)

You say that your MSE one shows you as having him as a financial association - does it show you what bank/company links you both?

Some banks with allow joint accounts to be closed by either named holder if its either to sign, and not both, but only if there is no debt on the account. If there is then the account can be frozen and stopped from being used due to marital dispute till sorted, but nothing to stop withdrawal and closure if it credit.

This has happened a few times where one account holder has paid off an overdraft that has been run up by the other party and then other party has withdrawn the money and nothing can be done as its either to transact.

Westie983

fatbelly

As others have said you need to push for your single person discount, and to get it backdated to when you first told them you were a single occupant. Before you go down the formal complaint/LGO route (which may ultimately be necessary if they dig in) why not try your local councillor by entering your postcode in

https://www.writetothem.com

For disassociation forms try

Experian online form:
http://www.experian.co.uk/contactforms/consumer_onlinedisassociation.html

TransUnion(Callcredit) print out form:
http://www.callcredit.co.uk/files/Disassociation%20Form%20v2.0.pdf

Equifax:
https://www.equifax.co.uk/Products/learning-centre/marriage-or-divorce.html