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  • FIRST POST
    • AngryMadz
    • By AngryMadz 14th Mar 18, 4:25 PM
    • 4Posts
    • 1Thanks
    AngryMadz
    Trying to pay off debt but ex takes 3k from me
    • #1
    • 14th Mar 18, 4:25 PM
    Trying to pay off debt but ex takes 3k from me 14th Mar 18 at 4:25 PM
    Hello everyone, I am new to this forum. i have been a lurker for many years but never needed to post due to already so many helpful threads out there.

    i dont know whether this is the right place to post but i am at a dead end.

    long story short, divorced in July 2017, done a consent order and paid my ex 40k in return he signed the house over to me. ties are cut and we move on. so i thought.

    i am currently paying off my debt (mostly marital) and make sure everything is paid for on time etc.

    I stupidly forgot about the joint bank account which i use for mortgage, paying off debts, wages etc. He withdrew 3000 from our joint bank account which he has never used (paid into or withdraw) before. not only has he done that, but he closed the account. now my dd's for credit cards wont go out, my mortgage wont come out as i dont have a bank account nor do i have the money for this month.

    Can i take him to a small claims court to get back my money (which i can prove), and posibly claim back any charges I may incur for missed payments?

    Sorry if this is the wrong thread, I am so stressed out. I was on a roll of paying everything back then he does this!

    help!
Page 1
    • AngryMadz
    • By AngryMadz 14th Mar 18, 4:26 PM
    • 4 Posts
    • 1 Thanks
    AngryMadz
    • #2
    • 14th Mar 18, 4:26 PM
    • #2
    • 14th Mar 18, 4:26 PM
    I forgot to mention that I now have a bank account which i have contacted all my creditors about the change.
    • Tigsteroonie
    • By Tigsteroonie 14th Mar 18, 4:35 PM
    • 22,728 Posts
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    Tigsteroonie
    • #3
    • 14th Mar 18, 4:35 PM
    • #3
    • 14th Mar 18, 4:35 PM
    Did the consent order list the account and, if so, did it direct as to who the contents of the account should go to?

    If yes and you, then you potentially have a case for accusing your ex-husband of theft. It is unfortunate that you did not close off his access to the account, it would be the same as forgetting that he still has a key to your front door.
    Mrs Marleyboy

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    • thriftylass
    • By thriftylass 14th Mar 18, 4:37 PM
    • 3,312 Posts
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    thriftylass
    • #4
    • 14th Mar 18, 4:37 PM
    • #4
    • 14th Mar 18, 4:37 PM
    Sorry you're in that situation. My first thought was how was he able to just shut a JOINT account? Didn't think that was possible?

    Unfortunately, I don't think you can claim the money back if it was a joint account as all monies in there belong to both of you and can be taken out by either unless it was somehow settled/divided/assigned in the divorce?
    Last edited by thriftylass; 14-03-2018 at 4:39 PM.
    • AngryMadz
    • By AngryMadz 14th Mar 18, 4:43 PM
    • 4 Posts
    • 1 Thanks
    AngryMadz
    • #5
    • 14th Mar 18, 4:43 PM
    • #5
    • 14th Mar 18, 4:43 PM
    Tigsteroonie: The consent order does not mention the joint account, unfortunately. You are absolutely right, it is just as silly as not changing the locks. I just pray I have some sort of case to argue it.

    thriftyylass: I know!!! apparently, any one of us is able to do this without the other persons permission or acknowledgement.

    I totally get that the bank didn't do anything wrong, but my ex has. I just don't know how I can prove that, whether it is worth taking to court or not?
  • National Debtline
    • #6
    • 14th Mar 18, 4:45 PM
    • #6
    • 14th Mar 18, 4:45 PM
    Hi AngryMadz


    What did the consent order say about the joint account? Is it possible your ex partner has broken the terms? If so you'll need to check the order to find out what the implications of breaking it are. You may need legal advice.


    Consent order aside, both parties have access to a joint bank account and the bank needs to be informed as soon as there is a separation. Easy to say in hindsight I know, but where there is still a joint account, either party is able to withdraw money and even run up an overdraft debt that both parties could be held liable for.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • National Debtline
    • #7
    • 14th Mar 18, 4:47 PM
    • #7
    • 14th Mar 18, 4:47 PM
    Apologies our posts crossed over there AngryMadz. If the consent order did not mention the joint account it sounds like there will be very little you can do unfortunately. You were both entitled to withdraw money from the account, and that's exactly what your ex partner did.


    You can still seek legal advice but I can't see a way you can challenge this.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • AngryMadz
    • By AngryMadz 14th Mar 18, 4:53 PM
    • 4 Posts
    • 1 Thanks
    AngryMadz
    • #8
    • 14th Mar 18, 4:53 PM
    • #8
    • 14th Mar 18, 4:53 PM
    Hi Susie, thank you for your advice. I have checked the consent order and it does not mention the joint bank account. However, it does state " the parties agree that neither of them has any legal or equitable interest in the property or assets currently in the sole name or possession of the other or owned by the other, and neither of them has any liability for the debts of the other, except as provided for this order". This may be something!
    • enthusiasticsaver
    • By enthusiasticsaver 14th Mar 18, 5:59 PM
    • 6,407 Posts
    • 13,188 Thanks
    enthusiasticsaver
    • #9
    • 14th Mar 18, 5:59 PM
    • #9
    • 14th Mar 18, 5:59 PM
    No help now of course but for others going through divorces you should not be operating joint accounts.

    I don't think claiming through small claims will do any good as technically it is his money too but of course morally that is not the case. What a nasty piece of work. Presumably you have now opened your own sole account and changed salary and bills over?
    Debt free and mortgage free and early retiree. Living the dream

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    • redpete
    • By redpete 14th Mar 18, 8:06 PM
    • 4,239 Posts
    • 3,775 Thanks
    redpete
    Hi Susie, thank you for your advice. I have checked the consent order and it does not mention the joint bank account. However, it does state " the parties agree that neither of them has any legal or equitable interest in the property or assets currently in the sole name or possession of the other or owned by the other, and neither of them has any liability for the debts of the other, except as provided for this order". This may be something!
    Originally posted by AngryMadz
    Unfortunately I'm not sure how that helps, the joint account is not in your "sole name or possesion" so he could legitimately access it and he has no liability for the debts you have ended up with as a result of his shameful behaviour.
    loose does not rhyme with choose but lose does and is the word you meant to write.
    • Puddylove
    • By Puddylove 14th Mar 18, 10:32 PM
    • 487 Posts
    • 789 Thanks
    Puddylove
    I know it's not much consolation, but maybe 3k is a small price to pay to get rid of the snake.
    • louby40
    • By louby40 18th Mar 18, 9:12 AM
    • 1,355 Posts
    • 3,680 Thanks
    louby40
    I agree with Puddylove. My ex found out I'd taken in lodgers to cover his half of our joint mortgage (he'd stopped paying it).

    He stopped the sale of our house until I gave him 2k. I hated giving him this money, the house would've been reposssed without the lodgers. He thought I was rolling in money.

    But it was money well used to get rid of him.
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