Default on joint account held with ex husband

Acal

I went through a messy divorce in 2016, we had a joint account with Halifax. As part of the divorce (consent order) my ex husband agreed he would remove me from the mortgage and joint account. I signed the appropriate paperwork. I was removed from the mortgage, it turns out I was never removed from the joint account. I am aware I should have checked, but I didn't

The last activity from me on the joint account was circa early 2016 and at the time of separation the account was in credit. In the intervening years he has run up an overdraft on this account and missed payments in 2022 which has led to the bank putting a default against my name (presumably his also). As I had moved to a new address and believed I had nothing to do with the Halifax accounts I didn't inform them of the change. I therefore received no communication or warnings.

Its clear the debt was run up post our divorce, my ex husband has confirmed (recently) he had requested they change it and said he would re-submit the forms. I have however offered to pay this debt in full if they don't proceed with the default against me but they have rejected my appeal and have registered two defaults against my name. 

Are there any grounds on which I have a chance of overturning this? 

Many many thanks for your help and support, its much appreciated. 

MorningcoffeeIV

No 

But why are there two defaults against you for the single account?

Acal

@MorningcoffeeIV I'm not sure, I have asked them to clarify 

sourcrates

First off, an account can only default once, so that requires clarification, secondly, paying it off would not prevent or remove a default from being registered.

Thirdly, you should issue a formal written complaint to the Halifax, stating you signed forms to be removed from your marital mortgage and joint current account as part of the terms of your divorce settlement, the debt was accrued and defaulted post divorce, and as far as you were aware, you had no liability for it.

The Bank also failed in its due diligence to inform you of the impending default, by its failure to issue you with a default notice, under section 87 consumer credit act 1978, this also denied you the chance to rectify the breech by not allowing you the statutory 14 day period to bring the account back up to date.

You may have moved house, but the Bank has a duty to keep you informed, and a simple trace would have given them your new address.

Now these are not hard and fast rules, mainly just guidance, but it is generally accepted guidance, no real penalty can be implemented for non compliance with these rules, but, they all count as extra strings to your bow, as the tendency is to weigh the argument more in your favour, and it plants that tiny little seed of doubt that the Bank may not have done all it could to prevent this from happening, making a "goodwill offer" more likely.

penners324

Contact Halifax and demand they freeze the account.

Fighter1986

penners324 said:

Contact Halifax and demand they freeze the account.

The account is way past freezing if they've already issued a default notice against it.

Stumbling block here is whether Halifax have failed to action any instructions given to them by the court or account holders?

While a consent order may have been signed by a judge, if no one passed on this request to Halifax, then Halifax have done nothing wrong.

sourcrates gives the best advice here, it's going out on a limb but it stands the best chance of Halifax doing something about it.

Fighter1986

OP: Once you have either had the default expunged, or you have paid it off, register a "Notice of Disassociation" with all three credit reference agencies - Experian, Equifax, and Transunion.

Until you do this, even if you no longer hold any joint accounts, then your ex's credit file will be seen by any new lenders or utility companies / vetting agencies who perform a search against you - same goes for your ex husband.

If there are any other joint liabilities lurking on your credit files, you will be alerted to this when you lodge the notice of disassociation, allowing you to remedy the issue.

Remember, it is essential to log separate notices of disassociation with all three credit reference agencies - Experian, Equifax, and Trans Union.

It could be argued that your solicitor should have advised you of this process during the divorce; it's pretty basic stuff. 

Acal

Good morning, 
Halifax have rejected my appeal and I have since lodged a complaint with the financial ombudsmen. 
Yesterday the ombudsman representation responded saying I need to have my ex husband sign the submission. Is there anyway around this, given he was the run up the debt without my knowledge I doubt he will comply. Is it mandatory both joint account holders sign the complaint? 
Thanks