Joint Credit Card with Ex , am I liable??

ssarah30

Hello everyone, I wonder if you could help me I dont know where to start. Anyway when me and my ex divorced 5 years ago, he said that he will pay all the debts that we had so he did. I received a letter from him this morning through my old sol stating that he wants me to pay the rest (over 2 grand ) he's given me 2 weeks ( well 2 days now ) or else he will take me to court. As this was a verbel agreement, I dont know where I stand. This was a joint credit card account that he is paying, through a collection agency and I have had no letters from the bank involved at all these last 5 years. I know why he's done this as I had to take him to court because he hit my lad, now he's got a bee in his bonnet, he wants to get me back. I had to use my credit card to pay the mortgage, bills and put food on the table when he wouldnt sign on the dole, but he forgets that. Please help!

bonnie_2

if it is a joint debt you are both liable, however i wouldnt listen to his threat, wait until you here from the company itself.i can understand company trying to get money out of you if he dosent pay but i dont see how he can do it on his own.

Malestrom

Has he provided proof that there is even a debt to pay and the amount given? You are jointly and severally liable for the debt but a verbal agreement is still an agreement. I think he would find it difficult to defend his actions in court seeing as he's not bothered you for the money for 5 years, which add's weight to your story, and you have proof that you've recently taken him to court, so its obviously a tit-for-tat thing. In any case, there is absolutely no way that I would pay him any money. If you decide to pay the debt then the money goes to the debt collection agency, no-one else. For all you know he's just going to waste it and the debt will remain!

Was it actually a letter from his solicitor or was it just a personal letter?

EDIT: Sorry Bonnie, I crossposted - had to go and fix the kids trampoline mid-post so thats why I've basically repeated what you said!

ssarah30

Thanks for the replies. He wrote to my old solicitor that dealt with the divorce and she sent it on to me, so this has come just from him. And you're right Malestorm, this is just a ' tit for tat' thing with him. Oh and Yes he had photo copies of all the payments that he'd made and attached them to this letter. I had a CCJ because of this and it goes at the end of the year.

jen_jen_2

if the creditor asks you directly for the money you are liable, however you and your ex came to an agreement about ending the financial relationship and he took on that debt.

you say your ex is going to take you to court, if and when he does you can defend his claim for the 2grand and say there was a verbal agreement that he would pay. then a court will decide whether to say you have to pay him or not. take all details of what liabilities you took on after the seperation too and if there was a divorce what was the outcome of that. if this debt was part of the divorce he had a chance to say then that you had to pay half of it, it will be difficult for him to cliam you are liable after he has left it for 5 years and never mentioned it in the divoce.

If it does come that you are liable, offer to pay the creditor and not your ex.

TheBottomLine_2

I don't think there is such a thing as a joint credit card - were you an additional cardholder on his account? I reckon that's worth looking into.

Malestrom

Additional card holder is what the OP meant, still jointly and severally liable for the debt.

Ember999

Malestrom wrote:

Additional card holder is what the OP meant, still jointly and severally liable for the debt.

Sorry to intervene here, but you are all very wrong! A second card holder on a credit card account is NOT liable for ANY DEBT!

The main cardholder is made fully aware by the card issuer that any second card on their account is their responsibility, not the additional card holder. This woman owes nothing legally, maybe she does morally, but not legally. No court, anywhere can force her to pay this money as HE IS LIABLE as the main account holder.

Ember999

Just to add a also, there is no such thing as a joint credit card. Not in any format, anywhere.

Ember999

ssarah30 wrote:

Hello everyone, I wonder if you could help me I dont know where to start. Anyway when me and my ex divorced 5 years ago, he said that he will pay all the debts that we had so he did. I received a letter from him this morning through my old sol stating that he wants me to pay the rest (over 2 grand ) he's given me 2 weeks ( well 2 days now ) or else he will take me to court. As this was a verbel agreement, I dont know where I stand. This was a joint credit card account that he is paying, through a collection agency and I have had no letters from the bank involved at all these last 5 years. I know why he's done this as I had to take him to court because he hit my lad, now he's got a bee in his bonnet, he wants to get me back. I had to use my credit card to pay the mortgage, bills and put food on the table when he wouldnt sign on the dole, but he forgets that. Please help!

Another point to add:

From reading the original posters comments, it seems to me that maybe the credit card account was in her name?
If this is the case, then SHE is liable and if they reached an agreement for him to pay and he has decided not to bother any more, not a lot she can do. She is liable, not him!

Can someone clarify who was the main account holder in this situation???

Rafter

Ember is spot on - only one person is ever responsible for the debt - the prime account holder. This is why you should be very careful giving someone an additional card!

If the card was initially in his name, and you are an additional card holder the debt is his full stop. If it is the other way around, I don't understand why the debt collection agency has been corresponding with him rather than you.

Good luck.

R.