Loan statute barred?

PJCBEL

Thanks sleepy,
Yes I realise that they can contact her but as the dmp has been in my name and she has never acknowledged debt I'm wondering is it statute barred for her. I realise I'm responsible for debt

PJCBEL

I suppose what I need to know is because I've been paying the debt has this meant she is legally involved, this debt is not on her credit record

sambaird

The simple answer is yes. A joint loan is one where both people involved are ‘jointly and severally liable’ for the debt.

If you have been paying for the debt through a DMP and now stop paying, then the company that now owns the debt are well within their rights to contact your ex regarding the outstanding amount. They also have the right to send her correspondence regarding the debt as both of you are legally responsible for the debt.

It doesn’t matter if she had no involvement in setting up the loan or not, or hasn’t been paying it back since.

Have you checked your credit files to see how it is reported there? If not I would recommend doing so. If it is shown on one of your files, I would expect the same to be mirrored on hers.

PJCBEL

Thanks Sam,
It's definitely not showing on her credit file.

sourcrates

You are both joint, and severally liable for the debt, which means if one, or both of you have been paying this debt, it will not go statute barred.


There must be 6 clear years without payment or written acknowledgement from either party to the loan (weather she knew about it or not) from the date of default, which is the cause of action date.


Makes no difference if she didnt make a payment, you did, so the debt will not be statute barred.


Edit, cross posted with sambaird

PJCBEL

Question answered thank you sour

sleepyjones

Out of curiosity, you say the debt isn't appearing on her credit file ... is it appearing on yours?

PJCBEL

I'd imagine so sleepy, my financial situation is dire so I've given up checking my status

sourcrates

Defaulted debts only show for 6 years, so it may have already dropped off both files.

[Deleted User]

PJCBEL wrote: »

Gary,
Thanks for the reply, the question I'm asking is if she hasn't been contacted in over 6 years can she be pursued for the loan or not and will this affect her credit rating, I'm stressed enough about this as she is very worried and I know what I did was very wrong and have paid a heavy price for my gambling, I don't regard myself as a criminal thanks

Yes as you are both jointly liable for it even if only one have you has been acknowledging or paying the debt, regardless of the other person wrongfully not being aware of it.

Disgraceful.