Can DCA chase spouse for debt incurred before marriage?

[Frenchie82150]

Sorry about the long title. My husband is being chased by AIC with regard to a business debt with Natwest.

 

The debt was incurred on a business account and a business loan he took out before we were married. AIC managed to catch me on the phone and told me that as I am his wife I am legally responsible for the debt too. Does anyone know if this is right?

 

I have another question which I'll post on another thread.

[clutchingatstraws]

Usual DCA talking rubbish you cannot be responsible for anyone elses debt.

[Edz11]

I'd keep it on one thread (drop this one) as your case is a little more complex than most. I was going to ask on the other post if you were "submissive" to the DCA at some point, but decided against it. Well, you have confirmed that you were while on the phone to them. When they smell blood they go for the kill. The best way to handle debt collectors is to assume that they are your husband/partner and they have done the most annoying/irritating thing they could posssibly have done to you. That then puts you in the right frame of mind.

 

Don't speak to them AT ALL. Say nicely but firmly "put it in writing". And repeat that every time they say something. Say nothing else.

 

They could go for a County Court Judgment in the UK - but it will be unenforceable in the UK if he has no presence or assets here - but possibly may be enforceable in France. You need to check French law on that one.

[Frenchie82150]

Trust me, there is nothing submissive about me.He caught me on my mobile when I was expecting another call. I have already sent a CCA letter and would not say anything to him other than repeating that I had nothing to say and he should expect a letter shortly and hung up.

[Frenchie82150]

Thanks for both your replies.

[Edz11]

nothing submissive... good!

[tomterm8]

AIC managed to catch me on the phone and told me that as I am his wife I am legally responsible for the debt too. .

 

If you agreed, in writing to act as a secuity, or you signed the debt as a co-signatory, then you are liable.

 

if the debt was not taken out in your name, then you are NOT. The fact you married someone has no bearing. Married women have property rights, and are not bound by the decisions of their husband without their agreement.

 

It's not 1800.

[Frenchie82150]

No, I've never signed anything at all. It is all in DH's name. It's as I suspected. Thanks for replying.