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Help! Joint account blues!

Help!

When I lived with my ex a year ago we have a joint account for paying the bills, unfortunately when we split up last July this account was not closed nor did it have a no-ops put on it. There was a reason for this (well the closing, the no-ops i wasn't aware of at the time) being that I needed the account open for the month following our break up to complete any bill payments, after this time I was not able to get a signature from her agreeing to close the account since I did not know where she was.

The account was emptied last August so the balance since then has remained at 0.01.

On Friday my ex withdrew 300 from this account putting it 300 in debt and subject to interest.

I have not spoken to or seen my ex since last July (a year to the month... strange that..) and I don't really have any idea where she is and I do not have a contact telephone number.

I have now put a no-ops on the account so nothing further can be taken but I am still left with a 300 debt to my name (and hers).

I have spoken to the bank today and whilst they were sympathetic they said that there was nothing they could do to assist since the terms of the account are clear and I am as responsible as she is despite that I have not used the account in nearly a year & the fact I did not withdraw the money.

The banks advice is get in touch with my ex and either get her to repay the money or get her to sign the account over to just her and take my name off. To be honest I cannot see either of these happening since she is very far from money savvy and can be a stubborn...er..... lady when she wants to be, that is of course IF I can find her.

So what do I do now? Do I pay the amount off and put it down to experience?

Can I pay the amount off and then pursure the full amount from her in a small claims court if she is unwilling to pay me back?

Do I have any rights with the bank given that it is clear that I did not take the money (they have her signature on the withdrawl slip) and that I have not been using the account (it has been dormant since last year)?

I'm going to do what I can to find her but as I say I can't see her paying up.

The overdraft facility (which is 500) is not interest free either, the adviser that I spoke to could not give me and exact figure but estimated that the interest would be approximatley %23 a month which is a HUGE amount!

What do I do?

Please help!

Moo

Reply to
Moo
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In message , Moo writes

Almost certainly.

Possibly, but I dont know.

Almost certainly not.

It's only £6 per month, to put it in perspective.

Sort it out, and DONT DO IT AGAIN

Reply to
Richard Faulkner

Possibly.

Yes, if you don't mind some hassle. You'll need to be able to send her a letter telling her what you are doing, so you'll need her address, and you can then set up a claim on line, although it's still subject to court fees - but you needn't involve a solicitor. At some point you're going to have to serve a notice on her personally, so you may regard this as too much hassle even if you know where to find her. However, if you can do all this she may bow to your demands because otherwise she'll probably end up with a CCJ which she may not want if she ever tries to get a loan or mortgage.

You may care to go to your local crown court and discuss these matters with a clerk there who will tell you the procedures and costs, even if you finally decide to do it on line.

Try to open an account in your own name with an agreed overdraft facility and use it to repay the other one. The rate will be less. Or get a 0% credit card.

Rob Graham

Reply to
Rob graham

it is her account too, perhaps she needed the money and will pay it and the interest back all by herself. I don't see why you need to do anything just yet.

Reply to
Zoe Brown

Because I know her. She has always been rubbish with money and she hasn't been working for about a year now due to a serious illness. She has full benefit support so she has no reason to take anything from this account.

I doubt she will ever pay this money back.

Reply to
Moo

Bitstring , from the wonderful person Moo said

That's what I'd do, for a simple life.

You could try, but if you can't find her &/or she doesn't have the money, you're not going to have much luck. If she's seriously ill, as you mention later, you'll not even get her sent to prison for non-payment, probably.

No. Read the T&Cs on a joint account. Preferably before you open one with someone.

Then pay up yourself & write it off.

You don't mean 23% a month do you, because no (UK) bank would charge that rate. 2.3% I could believe, just barely. However you should be able to negotiate a better rate than that if you can't pay it off at once.

Reply to
GSV Three Minds in a Can

I'd have been tempted to withdraw 200 myself - to make a joint debt of 500! Probably not sensible as charges/interest could then cause excess overdraft fees.

My bank has T&C's saying they can recover debts arising from joint accounts from either account holder if they have another *sole* account with the same bank. So

*if* your ex has opened an account with the same bank for her benefits etc, then by refusing to pay yourself they may take the money from her sole account.

Otherwise, how would they pursue repayment? Would they pursue half the debt from each party, or just pursue the one they think is the easiest touch?

Reply to
Andy Pandy

In message , Rob graham writes

But do you think he has a chance of winning? She could just claim that he owed her the dosh.

Reply to
john boyle

I'm only repeating exactly what the bank staff told me.

Reply to
Moo

Not a big chance. However, she'd have to contest it to avoid a CCJ. She may not want to contest it for various reasons and also not want the CCJ, so she'd pay up. That's the theory, anyway. As I said to the OP, if he's prepared for some hassle this may be the way to go.

Mind you, having a CCJ doesn't mean she'd necessarily pay even then.

Rob

Reply to
Rob graham

In message , Rob graham writes

Not necessarily, the plaintiff doesnt have much evidence of the supposed 'debt' to him. The mere existence of the withdrawal on a joint account proves nothing.

she could just wait and see what the judge says and take her chance (which is ion her favour I think) and if she loses she just pays up in

28 days and nothing is recorded against her.
Reply to
john boyle

"Andy Pandy" wrote

Probably pusue *both*, until either one pays the lot or the lot has been paid jointly??

Reply to
Tim

Oh Zoe,,you seem overly sympathtic to this womans' actions. She knew very well what she was doing when she pinched this £300. If she has split from this guy then she has done it emotionally, financially and physically and therefore she should only operate financially under her own name. In return I'd advise this man to do nothing more. Dont do the banks job for them. You are only liable for half the debt. Remove antispam and add 670 after bra to email

Be a good Global citizen-CONSUME>CONFORM>OBEY

Circumcision- A crime and an abuse.

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Reply to
tarquinlinbin

. You are only liable for half the debt.

Who says?

Rob Graham

Reply to
Rob graham

In message , tarquinlinbin writes

No, you are liable for the whole lot.

Reply to
john boyle

Not on its own. But there could be some form of evidence as to who withdrew the money.

Quite possibly. There are a lot of unknowns here.

Rob

Reply to
Rob graham

"Rob graham" wrote

But that's irrelevant in this case, isn't it? Everyone may agree that *she* made the withdrawal - but she was just as entitled to do that as he was, as it was a *joint* a/c...

Reply to
Tim

In message , Rob graham writes

I am certain that such evidence is available, but it doesnt help his case as a judgement debtor.

Reply to
john boyle

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