RBS joint account and divorce

[purejayne]

I wonder if anyone can help me with this one?

 

My ex-husband and I split up in 2003. We had a joint loan with the Royal Bank of Scotland for £14,000 which has now grown to about £19,000. My ex-husband has put himself on benefits and is no longer working. I am working full time and have a small amount of equity in my house

 

I have arranged with RBS to pay £20.00 a month off the arrears. However upon requesting a statement from them I note that my ex husband has not paid anything at all off this loan, I have been making all the repayments since 2003 and every time a payment is missed they send me a threatening letter.

 

I have raised this with them and every time the response is the same - "we are pursuing all parties - we cannot give any information out about your ex or his whereabouts or why he is not paying".

 

What is my position here? Why should I be making all the repayments and he is getting away wth it???? Is there any way I can make the RBS give me this information or where can I raise this issue? Is there anyone who can do something about this I can contact?

 

Thanks.

[Russjo]

Hi PJ,

I'm not sure about this! I think the advice from others may be to do a CCA request, but more knowledgeable people will be along shortly to give you some solid advice. However, I personally would definitely look into taking some advice from Citizens advice to see where you stand legally with regard to the debt

Good Luck

Jo

[purejayne]

Thanks Russjo for your reply.

 

The debt is legally in joint names- I have had this checked out and I also hold a copy of the original signed Agreement with both signatures on it so as far as I am concerned he is as much responsible as me for it but because he is not working they are pursuing me.

[Russjo]

I think the advice regarding the agreement would be, don't let the bank know that you have a copy with both your signatures on it and see if the bank have a true signed copy. If they don't come up with a true signed copy then you can dispute the loan, however, like I say, I'm no expert. Hang in there, someone will reply to you

[purejayne]

Thanks Russjo

[Russjo]

Do you know how to keep your posting towards the top of the forum so that people can see it?

 

If not, all you have to do is sign into your thread every now and again (hourly or something like that), and post a reply saying bump. This will bump your thread to the top of the forum. My reply to you now, will take it to the top so if you haven't had a response within the next hour or so, bump it up

 

Hope that makes sense

Jo

[purejayne]

You're a little star! Thank you.

[Russjo]

No problemo

Jo

[make them aktiv runners]

They are chasing you because you are the one who has been paying. Are you now divorced or just separated? If divorced then repayment of this loan should have been reported in your financial agreement (usually done immediately after divorce).

[surprise]

Purejayne

 

I would definitely send a CCA letter with the £1.00 its got a chance they may still not have the agreement, nothing to lose. Also, I would see a Solicitor some of them do a 30 minute free advice session. I am sure I have seen a thread somewhere where someone else was in a similar position. If I come across it I will let you know.

 

good luck.

[purejayne]

Thanks for the replies.

 

A financial settlement was agreed that the loan was acknowledged to be in joint names and would be paid accordingly. I have always paid every month despite being a single parent and on tax credits, etc as the loan was so big I was frightened of being taken to Court over it. My ex then proceeded to put himself on indefinite sick leave and pleaded that he couldn't pay anything because he wasn't working and so its continued with me making all the payments Surely there must be some law or ruling which can point me in the right direction?

[reallymadwoman]

Get an appointment with your local Citizen's Advice a.s.a.p. Take along a copy of anything relating to the loan, including anything in relation to the divorce settlement. If CAB can't help, they will be able to point you in the direction of a solicitor who will give you a free initial interview, which should include an assessment of whether you qualify for legal aid.

In the meantime, as previously suggested a CCA request can't hurt and would at least give you some breathing space to get legal advice.

How come the balance has gone up so much? Any chance of reclaiming penalty charges if necessary?

Good luck.

[sequenci]

You and your ex have joint and several liability for the debt, this means that the lender can chase either one of you for the FULL amount.

 

Good advice regarding sending a CCA request; You might have a copy but the lender may not, if they cannot furnish the agreement then the debt would be unenforceable 12 days after they received your request.

 

If they cannot prove the agreement they shouldn't take further action whilst the CCA default remains in place.

 

Even if they DO furnish the document please post it up on here (removing personal info) so we can check the format is correct and contains the prescribed terms it needs to.

 

If you can prove the debt is unenforceable they may start chasing your ex, everytime you have made a payment the limitation period for the debt restarted so your ex wouldn't be able to wriggle out of it claiming it's been too long.