Joint account holder running up overdraft

asingledad

I have not got legal advice in this particular issue. I am already spending a fair amount on legal advice and was hoping to avoid it on this too.

Daliah

Pretty outrageous IMO that Coop bank refuse to protect you from running up debts you have no control over. I am quite confident that the FOS will eventually rule in your favour but it can be months before they even look at your case.

Your decision whether it's worth spending on legal advice for this. If you are concerned about the costs, have you considered asking Citizens Advice for help. There is also a helpline for men's financial abuse who may have ideas we haven't yet thought of.

Ms_Chocaholic

Can you send an email to the CEO?

nick.slape@co-operativebank.co.uk <nick.slape@co-operativebank.co.uk>;

Worth a punt

asingledad

Thanks, good suggestions. I am not sure what I will do next, but I am not letting it drop or no nothing until Ombudsman gets round to sorting it out.

sourcrates

Just a point with regard to any future increase in the overdraft balance your ex may accrue.

Other posters are correct in that you are jointly and severely liable for joint debts accrued on your account. However, that does not necessarily mean you will have to pay it if she refuses, you can also refuse, and site your reasons why to whoever chases you for the debt.

Debt purchasing companies do not like disputes, they want fast turnarounds, and quick profits, they do not want to be bogged down in disputes forever, so if it got to the point where the debt had been sold, and you were both or Solely being chased for the outstanding amount, rather than playing letter tennis or taking legal action, if you continually dispute a debt, in a lot of cases the creditor will just wash their hands of it, write it off as uncollectable, and move on.

Doesn't happen every time, it depends on the company to some degree, just something to keep in mind for the future, should it get to that stage.

eskbanker

asingledad said:

I have not got legal advice in this particular issue. I am already spending a fair amount on legal advice and was hoping to avoid it on this too.

My point was that you presumably (hopefully!) have a solicitor representing you in the divorce proceedings, an integral component of which is the negotiation of the terms of financial separation, so it shouldn't be portrayed as a separate issue?

asingledad

@eskbanker financial terms are not integral to the divorce, in that the divorce can go ahead without the financial terms being agreed (or decided by the court). Either party can then take a claim to court at any time in the future - even decades later!

Now we have "no fault" divorce, the divorce itself is a matter of filling in forms and paying the court fee.

As for the financial terms, we do not have enough money for it to be worth paying solicitors to argue over terms so I am hoping to reach an agreement which makes things much simpler.

Daliah

asingledad said:

@eskbanker financial terms are not integral to the divorce, in that the divorce can go ahead without the financial terms being agreed (or decided by the court). Either party can then take a claim to court at any time in the future - even decades later!

Now we have "no fault" divorce, the divorce itself is a matter of filling in forms and paying the court fee.

As for the financial terms, we do not have enough money for it to be worth paying solicitors to argue over terms so I am hoping to reach an agreement which makes things much simpler.

What about pensions? I would want that sorted now, confirmed in a legally binding agreement, not in umpteen years.

asingledad

@Daliah I do want to sort it out but that too needs to be part of the financial terms. I am not planning on letting it hang over me for years, but the immediate problems like this are more pressing - ending the financial association (because she is not careful with money), ensuring she does not run out of debt, and getting her out of the house (I have another thread about this).

I would give up the whole of my pension fund (which is not huge) to get her out of our lives.

eskbanker

asingledad said:

@eskbanker financial terms are not integral to the divorce, in that the divorce can go ahead without the financial terms being agreed (or decided by the court). Either party can then take a claim to court at any time in the future - even decades later!

Now we have "no fault" divorce, the divorce itself is a matter of filling in forms and paying the court fee.

As for the financial terms, we do not have enough money for it to be worth paying solicitors to argue over terms so I am hoping to reach an agreement which makes things much simpler.

It's undoubtedly possible to divorce without legal assistance, if everything is straightforward and both parties are committed to resolving matters amicably, sensibly and promptly.

However, what you've posted suggests that this isn't the case, so while legal advice may indeed appear expensive, it may be the least worst option in terms of the risks of not taking it, especially if you're seeing the financial separation as an essentially unrelated task.

Anyway, not wishing to labour the point, so good luck in your attempts to DIY....