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Joint Overdraft debt


rogerdunn56
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Hi

I have an Joint Overdraft at the bank with my ex - all other debts I am currently settling with CCCS. I am making a payment to the joint debt - my question is can I make a claim (thru money claim online) against her for half of the debt? She has flatly refused to pay anything and the bank are not interested

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Have you made a subject access request yet Roger. This involves sending a £10 postal order, don't sign, print your name, this could turn up the information you require about the overdraft being in joint names, if it is I would have thought it is not up to the Bank to decide that only you are responsible, that being the line of least resistance. You could also raise a formal complaint.

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The overdraft is a 'joint & severall' debt. Yes, you are both jointly liable for any monies owing.

 

Do the DSAR, you need to specifically request a copy of the current account application, the T & C's, and your overdraft approval, and all documents relating to it.( Without your ex's permission, they may withold some doc's).

From this you will be able to see if the account is being managed as per the T & C's.

 

Unfortunaletly the bank will always take the easy option, they will target the person who can pay the most. 50/50 is fairer, but if she can't afford to pay, and you can, there is little you can do.

 

However, you can use the forum to challenge 'Unfair' charges & interest. Use the data you recieive to reach a settlement that suits you, & make the bank fully aware that you are nolonger together, and you are only negotiating for yourself.

 

good luck

 

debs

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my question is can I make a claim (thru money claim online) against her for half of the debt?
AFAIK you could but is she in a position to pay? If not you'll be throwing good money after bad.

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Thanks for the input.

I'll do the subject access request and look into money claim online - we split just over a year ago and sold our property (at a loss). I have been left with all debt. My income is a little higher than hers (she is in full time employment earning circa £18k) but she can still afford to pay something towards the joint debt (she has an 19 year old daughter still at home who is in full time employment). We are both now in rented accomodation.

As I understand it if found in my favour the court would appoint balliffs to reclaim the monies.

During my last conversation with the bank they suggested I pay everything as it would be "easier" - for them methinks.

I'm not looking necessarily to recoup the full 50% of the debt but a token by which she acknowledges her responsibility!

My problem will be, I suspect, in that I have signed up with CCCS and you have to declare all debts and I am now paying an amount towards the joint debt

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During my last conversation with the bank they suggested I pay everything as it would be "easier"

 

I bet they did :D.

 

thing is... aslong as YOU are negotiating a repayment with the bank they are happy. She can just sit back & ignore this problem.

 

Perhaps, a different approach. drastic, but may grab her attention. If you also ignore this problem, they will instigate legal proceedings.Lets say the total overdraft is £2K, this will be 2 CCJ's, 1 for you & 1 for her, both for £2k plus costs.

You defend YOUR CCJ, get charges & interest removed. The account is frozen, no interest can be added to the CCJ. Your payments will be based on what you can afford to pay, taking into account the other debts she has left you with, aslong as you fully understand the court process, no surprises, lets say you offer to pay £10 a month. The court accepts this, you are in a strong position to offer a Full & Final settlement (10% of debt).

She gets judgement aswell, thats her problem. Let her sort it out.

 

debs

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