Ex partners DEBT

minty_3

Can anyone give me advice on my ex partners debt!!!!
We had a joint bank account so when he defalted I was affected aswell so we had a DMP.
One year into it we split up but I continued to pay it as my name was on one of the creditors....this has been 5yrs now, Can I phone 2 of the creditors up and tell them my partner no longer lives here, can they write the outstanding debt off?
Im not named on these accounts just my partner his name no longer shows up on the voters role anymore either.
Im just a bit confussed I need to sort things out I thought it would be easier to keep paying than to face up to the problem but I feel like im getting no-where.
Let me know if anyone knows anything....
Ta x x

jen_jen_2

(my last reply vanished so here goes again)

have you been paying a dmp for his debts?

do not pay any more off his debts, stop immediately you are not liable for them and dont worry if the creditors wont write it off, nothing to do with you.

you will have to continue to pay the joint debt if not cleared but there is no harm in asking them to write it off (unlikely though)

do you have a dmp with a company, did you tell them your ex left and it was now only your income, they should have advised you to not pay his debts and done you a dmp only (or if sensible advised you to negotiate with joint cred. only and pay it off) if you have gone through a company i would look at complaining and getting a refund of money they let you pay to his creditors.

minty_3

My DMP is a well know TV advertised one which I want to change to cccs as I pay £29 a month on management fees but each time I phone them up to change anything they charge me £50 so less is going to my Debt, This is one of the reasons I don’t phone them up I’m a bit of a Chicken I hate to confront people.
I’m a very nervous person I suffer from Anxiety.
I am only a joint partner on my ex partners bank account I didn't sign the Bank Loan agreement, the account is now closed or has been from Aug 2000 I can’t get credit or even a Switch bank account I can only get a card cash (very basic account).
I am waiting on my credit report file coming in any day now to see what info is held against me, maybe that will help or maybe make me worst as if I know ill end up worried as anything again.......

ahhhhhhh!!!!! Just needed to get that off my chest.......

Debt_Free_Chick

The problem with a joint debt is that each party is generally "jointly and severally liable". This means that if one party doesn't pay up, then the other party is liable for the WHOLE amount :eek:

You need to check the terms of the credit agreement and look for "jointly and severally liable".

But I'm a bit confused .... you say you had a joint account, but then say "I'm not named on these accounts". If they are not joint accounts, then it's nothing to do with you. In fact, the creditors shouldn't even be dealing with you, if you are not a party to the debt.

Who is managing your DMP? Is this DIY or are you using Payplan, CCCS etc ... if you're using an agency, they should sort this all out for you and shouldn't even have included any debts solely in your partner's name in your DMP.

Can you clarify please?

Xbigman

It is unbelievable that you are paying someone elses debts. Check you DMP agreement to see how much notice you must give or if there are any final fees, which there may be.
Now write to the DMP company (do not phone) and tell them you are cancelling the DMP because you have discovered you are not liable for most of the debts. They will not want you to stop but that is their tough luck. If you have any hassle with them then post another message. Also, are you paying by direct debit or standing order? Then cancel those payments now. In any event please let us know how you get on.
Regards



X

jen_jen_2

dmp that advertises on tv i reackon gregory pennington or bains and earnst, stop immediately and deal with bank account yourself (if still owe money) and complaint to them as they knew you wernt liable should have advised you not to pay his debts, threaten to complain to OFT if they dont refund you alot if not all the money - they have failed in their obligation to you as a customer to provide you with advice, assistance and information that is to your advantage, they have continued to take money from you to ensure that they receive their fees when you do not owe the debt.

COMPLAIN COMPLAIN AND COMPLAIN SOME MORE

jen_jen_2

and if that dont get you anywhere


SHOUT LOUDER

minty_3

Hmm where to start right I am with Baines & Ernst we joined in Aug 2000 as a couple as my name was on only 1 of the 6 Debts we continued to pay but then my partner and I split up but the house is mine so he moved on.
I can phone B & E up and they will tell me anything because both our names are on the signed agreement with them.
I know I shouldn’t be paying his debt that’s why when I found this Forum I came to my senses and asked for advice. But I keep lifting the phone to phone B & E up but chicken out so I am now putting it in writing and I have cancelled my S/O and I have also spoke to pay plan.
I have £3000 debt left on the joint account so I will try to pay that off to clear my name.
I can't wait till the post man brings my credit report!!!!!!!

black-saturn

You could get someone else you trust to ring for you. Whatever happens you can't go on paying it can you? So some way something has got to be sorted out.

jen_jen_2

i would also ask Baines and Earnst to ensure that all the money you have paid has gone off your debt only, only if you told them when ex left.

(you could always say you wrote and told them he'd left and the payments you were making were only for joint debt - they would have lost the letter in the office anyway)

hope youve got that letter off and write to the bank directly making an offer, put in your income and expenditure and the offer.

national debtline have a self help pack with model letters in it.

good luck

dinkylou

Minty,

If you feel nervous, think of it this way.

If the debt is not part of your joint account and is not your debt, then this company is effectively stealing from you with your consent. (I know this sounds a bit extreme but its true.)

You would nt let anyone else steal from you repeatedly would you?

Now, phone up and complain. As I m sure other MSE's will tell you, they will just carry on if you let them.

Only you can stop them.

x