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Joint Debt - Where do I Stand?


beatsurrender
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Usually, if you both signed for the account you are both liable for the whole debt and they'll see who they can get to pay up.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Tx, unfortunately it was a joint account and she kept telling me she had changed the address on the account. Obviously she never responded to the letters they sent to her and now they are after me. I've offered to pay £xx per month and she has agreed the same verbally but I no that she aint going to pay any of it. So, I will end up paying for the lot then? Could I take her to court for her half

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I don't think so- what are her circumstances?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Offer to pay 50% on the agreement that they remove your liability.

 

Most lenders are happy to do this as is shows willing on your part and they will then chase her for the other 50%.

 

I know NR do this as my partner has recently gone through this, Phone up and offer it and ask them to confirm in writting etc, When they confirm then start making payments/Pay the lump sum off.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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I did something similar on a joint liability debt years ago.... but suggested it in writing and not over the 'phone. They then confirmed in writing that I would only be held liable for half, interest was frozen and token payments were made for the next few years with no further problems.

 

If this debt is made up entirely of overdraft charges though... then you really should be disputing it, rather than paying anything at all.

 

:)

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Hi thanks for the advice this dispute is my brothers and his ex i recently claimed back over 3,000£ of bank charges so i know it can be done , the majority of the amount is overdraft fees so im sure i can on behalf of my brother as its a joint account claim these back therefore helping him pay it up ?

 

if you have any template letters or ideas of wording to agree to the 50% pay back of the original amount which i believe was £1,000 to the bank then this would be a great help. The amount owing is getting on for £3,000 so £2,000 of this are charges which are unlawfull am i correct ?

 

I really think i have got a good case here but a little unsure on the current bank charges as i got in before the test case was put to the banks ? The frustrating thing is my brothers ex thinks it will just go away so he is within his rights to send the data protection letter off for the last 6 years of statements if i am corrrect to get the ball rolling ?

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Yes, the S.A.R - (Subject Access Request) is the first step in re-claiming charges (by rec. delivery). Once the statements are received, your brother can then go through them with a fine tooth comb and list all of them.... I'm sure you know how it goes anyway. :)

 

The 2nd step is to inform the DCA that the balance on the account is being disputed (by rec. delivery) on the basis of unlawful charges being added to the balance they have on their files. Something like :

 

Dear xxxx

 

Thank you for your recent correspondence, the content of which has been noted.

 

For your information, the alleged balance on this account is currently being disputed with xxxxx Bank due to a large number of unlawful charges that were added before it's assignment to yourselves.

 

Under the circumstances, I am prepared to offer token payments of £xx to the account until such times as the matter is resolved. As this is a joint account however, I am only prepared to make those payments towards 50% of the alleged balance and would appreciate your written confirmation of this arrangement in due course.

 

If you wish to contact xxxxx for the remaining balance, her address is : xxxxx, etc. :p

 

Yours faithfully,

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small snag he has spoke to the dca on the phone to agree to pay 20£ a month is this conversation of any value or will the letter be solid ? i know how sneaky they can be and just found out his ex has no intentions of paying how can i stop the letters and threatning phonee calls from the dca please ?

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It doesn't matter what he says on the 'phone.... and his ex may have to reconsider her choices after her address is handed over anyway.

 

There is a telephone harrassment letter in the templates section if you want to send this off by rec. delivery, but the easiest way of not talking to them is just to hang up when they call. They know this is the easiest way of intimidating people into paying... which is precisely why they do it.

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