Hi I have been married for 2 years and my husband has being married before,
when he divorced his wife they had some outstanding debts she had a personal loan of 8,000 and they had a joint loan together of 30,000 my husband said he would keep up the payments on the joint loan, this was not listed in the divorce it was just a mutual agreement noting was said about her loan as it was in her name.
he pays csa to his ex which she only receives £10 per week of as she is on benefits (which really does my head in ) as we pay nearly £400 per month!!
Anyway yesterday we received a ltter from her solicitor saying that she had being sent a letter by a debt collection company for the outstanding amount which she has told the solicitor my husband agreed to pay and they now want the money from us!!!
They have being divorced for nearly 5 years he never agreed to that can they really make us pay it??? I can't believe she has done this as we all get on well now she has blown that for good.
2007-12-05 23:14:44 · 10 answers · asked by shala 2 in Family & Relationships ➔ Marriage & Divorce
I've had similar trouble in the past... why people can't just face up to their own responsibilities I don't know. The loan was in HER name, wasnt it? You and your husband should fight this, as goodwill you already pay the largest of the old debt, imagine if during the divorce they had split that in half too! Then she wouldn't have been happy would she! Do fight it though. Is there any chance of calling her and getting her to explain? Sounds like she didn't speak to you, you just got a letter in the post. Maybe you can resolve this without solicitors?
2007-12-05 23:22:30 · answer #1 · answered by JoJi 4 · 0⤊ 0⤋
These stories never fail to shock me, do these people (ie: ex-wifes!) have no pride?? Surely there was something in the divorce / consent order (usually the crux of the financial stuff) about previous debts. Usually these include clean break clauses etc in respect of personal debt (save for child maintenance). I highly doubt he will have to contribute. After checking these documents I'd reply to the soliciutor saying he has been misiniformed, all matters have been resolved (with your husband paying off the massive £30k debt!) and this has absolutely nothing to do with him. Keep this line going if pursued. I think her and her solicitor are just chancing it, something which i've noticed they do a lot in these cases! They will never take it to court, too expensive and utterly pointless as they haven't got a leg to stand in (assuming the consent order is as expected). If his ex is on benefits she may be able to file for bankruptcy with no real detriment in respect of the loan or she should contact the debt collection agency directly to discuss a settlement / payment plan. As you may know debt collection agencies usually buy debts very cheap (ie: 10p in the £) so she may be able to settle for maybe a quarter of the full debt to be paid over several years. Not your problem though, make sure you don't give in!
2007-12-05 23:34:29 · answer #2 · answered by Lucky 4 · 0⤊ 1⤋
I would seek legal counseling. However, if he co-signed the loan she took out, when she don't pay the debt becomes his responsibility. The lawyer may want to know what the loan was for also.
The fact that she is receiving benefits for from the state just means your husband is paying the state back for what they are giving her. They do the same thing here in Michigan (I don't know where you're from.), is "CSA" child support or alimony?
If he is required to repay the loan he may want to have his case reviewed to see if he can cut or lower the monthly payments he is making.
2007-12-05 23:41:06 · answer #3 · answered by Daddy Big Dawg 5 · 1⤊ 0⤋
Hubby can't be liable for any of that debt that is not listed in the divorce decree unless he signed a contract with the creditor.
Did he commit to pay her debt by signing something? If not, he doesn't have to pay. Bill collectors and lawyers can and will say anything, even on paper, that they want to say.
I got a threatening letter from my ex's lawyer once that stated I was liable for paying something that was not in the divorce decree and that I had not agreed to pay. Not an honest lawyer.
2007-12-05 23:39:04 · answer #4 · answered by cookpat.geo 3 · 1⤊ 0⤋
Get some legal advice of your own. A lawyer can send you a letter saying anything he wants, whether it is legal or not. All he can rely on is a copy of the divorce decree and what he has been told. It may turn out to be a he said/she said type of thing if it is not in the decree. You may need to have it decided in court. For that much money, I think I'd be sure to fight it if I were you.
2007-12-05 23:19:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Send a copy of the divorce papers, where it doesn't show any financial agreement regarding that particular account by your husband. Take it to court & battle it out.
If it was a joint loan, they should split it 50/50, and be done with it.
2007-12-06 07:25:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Send the solicitor the letter back attached with a note that reads: "I want the prove from you that says I would pay this."
2007-12-05 23:18:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i think of to split up over being called his ex spouse's call is somewhat plenty. specific its thoughtless, yet I for one have accidently called my next boyfriend with the help of an previous boyfriend's call! i think of because of the fact for sure she remains around in the process the daughter its not that horrendous and truly it skill not something - I actually replaced into no thinking of my exes as quickly as I suggested their names with the help of mistake. you're able to delight on your husband and their daughter's presence and if the ex is around so be it. some human beings certainly can get alongside and you're able to attempt to contemplate why you nevertheless experience insecure in spite of each little thing those years to the ingredient which you're able to evaluate dumping a guy after 6 years because of the fact of a stupid mistake. yet another element is the greater you ingredient it out the greater he's possibly to do it as its adverse reenforcement. I advise you dont make this form of enormous deal out of it and say every time he does it it skill he has to furnish you a present day of say £500 in cost? which will focus his strategies and make you the two chortle approximately it!!!
2016-10-02 06:59:03 · answer #8 · answered by procter 4 · 0⤊ 0⤋
i would tell her the gloves are off now. explain to her that you'll tried to help her and she has took advantage of the situation. if the bills are in her name and thers nothing in writing saying he has to pay then i would stop helping her out. every time she gets a bill, it will continue to come to you and your husband. as long as you allow it to. tell the debt company you are not the obligated to pay her bills, that they take that mess up with her since she is the one who owes it. if he agrred to help out on the joint loan then he should still do that. but letting her pay half of it too. it is after all her debt to. but under no circumstances are you ao hubby obligated to pay anything else for her. shes taking kindness for weakness from you two. tell her the gravy train has stopped. put your foot down on this with her and hubby. tell him you two will not be doing this anymore with her.
2007-12-05 23:27:47 · answer #9 · answered by jstagirl1969 3 · 0⤊ 0⤋
You're husband definitely needs to seek the aid of a lawyer.. what his ex is doing is not right. Best of luck....
2007-12-05 23:20:03 · answer #10 · answered by Racer 7 · 0⤊ 0⤋