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Can anyone help with Debt on Joint Bank Account


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I would greatly appreciate any help on writing some letters to help me sort out my debt. I will have to make other postings for more debt problems.

 

I apologize in advance for the length of the following post and my confused ramblings. If any thing doesn’t make sense I will clarify.

 

My nearly ex-husband and I have had a joint Current Bank account together for eleven years. From the start of the marriage he was always getting into debt with loans, credit cards, etc. He used this money to fund his lifestyle of cars, boats, clothes, hobbies, single holidays with the boys!. (We do have two beautiful children).

 

When he couldn’t pay a Credit Card issued from the same Bank they transferred the full amount due of approx £1,200-00 into our joint current account in approx March 2003. (I was second credit card holder but hardly used it). We then got a Statement from Credit Card Company to say account was in credit of £3-26.

 

I have a letter from joint Bank account addressed to my husband only, showing £1267-66 outstanding on October 2003 demanding payment within 14 days.

I think my husband then made arrangements with the bank to set up a monthly repayment of £30-00. Payable by a direct debit from his account with another Bank. He made these payments until of March 2006, balance outstanding £421-49.

At no time can I remember authorising for these payments out of our Joint account, verbally or in writing.

I also asked my husband at the time how could the bank do this without my permission and told him I wasn’t happy being half responsible.

(By now I realize my husband continually built up debt and stopped making payments, told lies or left me to make payments. - He even walked out of C.A.B. Debt meeting.)

On the same bank account before this happened I had to hand back Cheque Card and Cheque Books.

 

In November 2006 my husband left home to move in with his Girlfriend (surprise!). A week later I received an eviction notice and repossession proceedings from our Mortgage company. (House later sold with shortfall - no equity and estate agent fees, etc., still outstanding). My current Credit file is showing Mortgage paid but Defaults.

 

I moved out that week and lived with my parents in another town for seven months while on the local Council’s Emergency Housing list.

 

I have my own Bank account (20 years) with the same Bank we have the Joint account with and stupidly only updated my address for my this account. Postal Mail also redirected December 2005/2006.

 

I have not been working the last five years due to illness and having been using my Benefits to make payments to various creditors (Will make other threads).

Took out Loans and Credit Cards in my name, Borrowed from Parents for husband when he couldn’t get any more Credit (I now know how stupid I was!) I have now have no assets.

 

I paid £220 approx to Legal Aid and started Divorce proceedings In December 2005, Decree Nisi granted in April 2006 but proceedings still on going.

 

My Solicitor asked in May 2006 for the latest Joint Bank account statement it showed an outstanding balance of £421-49 and payments of £30-00 made regularly for last six months.

 

In May 2007 my Solicitor asked for an update of the same account.

So I called into the Bank during May 2007 and asked the teller for an up to date Bank Statement. She said this was not possible as the account had been closed and called another member of staff. I was taken aside and told that the Bank account was closed in November 2006 and the debt passed onto their own Debt collection.

I was told an up to date balance or latest transactions could not be provided on their computer screen as the account was closed they would have to go to their files and It would it take a while.

I asked the member of staff to update her records with each of our new addresses. And to provide me with an up to statement and a copy of my agreement to this debt, I also told her I hadn‘t received any letters about closing the account or their Debt Collection Department.

 

At the end of May 2007 I received a statement showing £421-49 outstanding but have received no other letters for agreement or from their Debt Collection Department.

I also received this week a copy of my Credit File and it shows the account closed and Defaults.

I did not receive any Default Notices or Account Closure letters and my mail was redirected until December 2006.

 

This Bank always piled on the charges to this account, so once I get this sorted the charges are next.

 

What do I do next and what do I write? Many thanks in advance.

 

p.s. Still counting my Blessings!

:D

Poor Girlfriend - Young, Own house, Car, Good Job,

Never Married, No Children and Ex Hubby!!!! :rolleyes:

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I am so sorry to hear of your troubles but practical help is what you need. Send CCA and SAR Request to the Bank, template letters in General Debt Section. CCA costs £1 and is basically requesting a true copy of the executed agreement, the Bank has 12+2 working days to supply this before they're in default and you can stop payments, 30 calendar days from there they are in criminal default if they don't supply the agreement and you can report them to the various authorities. Without the agreement the debt is unenforceable. The SAR has to be complied with in 40 calendar days. This information should cover at least 6 years of all the transactions on the account. Remember to send both requests by recorded or special delivery (SAR costs £10). You will get lots of advice and support from this site, a little early yet, keep your chin up, he will get his comeuppance in the end!Incidentally I note from the papers that Keith Floyd (TV chef/alleged drunk)has done the same to his wife, some men should come with warning attached!!!

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