Marital debt after 12 years divorced

[skookum]

Hi,

 

Like explained in the title I have been divorced 12 years and remarried. 

 

I don't have any contact with my ex wife however she often hassles my mother usually about wanting money. I pay regularly by direct debit maintenance for my son who I do see through family. 

 

Anyway my mother has received a message from my ex saying she is trying to sort her credit rating out and I owe £400 to Royal Bank of Scotland. 

 

To be honest I never recall having an account with them and she claims it was joint and the £400 is my half of the overdraft.

 

There is nothing on my credit file, in fact I got a very large loan for a minibus on Vauxhall finance 12 months ago for my business.

 

Surely if it was owed it would be statute barred by now as I have had no communication from RBS in 12 years. I also cannot understand why it is on her credit file and not mine.

 

Anyone know the legality of them trying to collect it from me?

 

 

[dx100uk]

correct the story does not read correctly.

it must have been defaulted years ago 

so should not be on anyones Credit file.

 

I pers I bet its not statute barred as if either of you have paid anything in the last 6yrs that will reset the clock.

im wondering if this is a dca spoofing her out of money over the phone by telling her rubbish.

 

 

 

[skookum]

My concern is she may have been making small payments over a long period of time. 

 

If that resets it then I will probably get collared for it.

 

Just find it very unfair an agreement could have been struck up and they have made no effort to contact me.

[dx100uk]

a fleecing dca will do anything to get money out of people that they don't actually owe at all!

bet shes been talking on the phone to them.

 

dx

 

[skookum]

I will just keep quiet. Hopefully it is something she has seen on a credit file. No ones pursued me yet so I will keep fingers crossed.

 

I feel after 12 years of being divorced these things should have been settled by banks and companies by now.

 

Like I said it has been so long I have no recollection of it.

[AndyOrch]

Ask your ex for the current account number and send a DSAR to RBS...that will reveal all...assuming you did had a joint current account.... Im sure I would remember if I had.

 

Andy

[skookum]

Thanks Andy, I do vaguely remember opening one as it was a new branch that opened. However I am sure we never had overdraft facilities as we were quite flush at the time.

 

The message she left my mother said last time she tried to use it it swallowed her card.

 

I am concerned she organised an overdraft with the fella she left me for as he posed as me many times milking my credit cards and bank accounts. 

 

Sadly I never was able to gather enough evidence for a criminal or civil prosecution.

 

[ericsbrother]

If the joint account was opened when you were married then any debt responsibility is joint and several, meaning the bank can chase you for the debt if they wish.

Now if the account has been used solely by ex-wife then it will be her responsibility as the divorce decree treats  financiaol matters as though you have died so a debt she accrues is not yours, even though the account was originally a joint one. Now the problem is the bank wont want to lose a potentail source of recovery fo their money so they wont accept this and it will be damed difficult to extricate yourself from het mess.

IF it is a joint account you are entitled to do a SAR and get all of the statements etc so that way at least you know your starting point if there is going to be a battle.

If thebak refuses to give you the data then they are accepting that it is nowt to do with you