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Alex J.
Alex J., Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 2728
Experience:  2 Years Insolvency Litigation
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Hi, I have recieved a letter from debt recovery company

Customer Question

Hi,

I have recieved a letter from debt recovery company asking to confirm my address.
My ex husband (divorced in 2007 due to him cheating on me and being careless with money), consolidated his and his/mine loans and took up the payments as his responsibility.

I've called him about this letter today and he said to ignore it, as he is bankrupt.

What should I do? Am I responsible for any money owed?

I've asked him to write me a letter saying that the debt is all his. Is this enough?

Thank you
Submitted: 2 years ago.
Category: UK Bankruptcy Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

What do these debts relate to and how much are they?

Is the company only asking you to confirm your address? Did they send the letter to the correct address?

Kind regards

AJ
Customer: replied 2 years ago.

These personal loans were made in 1999/2000. The ones that I was joint on were aroud £3500. I can't remember exactly. But they were consolidated with his. I don't know how much the whole consolidation loan was. But I was still married to him at that time. He took the payment of this on when we split up.


 


Yes, I only got letter to confirm my address.


 


I didn't know anything about his bankrupcy till today.


 

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Have you called them to ask why they want your address?

When the loans were consolidated did you sign a deed or something?

Kind regards

AJ
Customer: replied 2 years ago.

Not called them yet, as only received the letter today.


 


I think I've signed something to do with the consolidation, but it's very long time ago and my ex retained all the paperwork as he was paying it.

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Had it been more than six years since anyone demanded the debt from you or you made a payment?

Did they mention the debt in the letter?

Kind regards

AJ

Customer: replied 2 years ago.

Yes, it's more than six years since I've had anything to do with the debt. But my ex was supposed to been paying for it in instalments (and I have no idea if he did or not) , I'm just worried as my name would have been included, that I'm now responsible for the debt if he was made bankrupt?


 


There is no debt mentioned in the letter, but I know that I'm completely debt free since leaving him, and that is the only thing that it could be.


 


 

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

I would write to them first in the following terms:
- say it is not your policy to reply to unsolicited mail;
- say bearing this in mind you certainly would not respond to anything requesting personal information;
- say that you are not in a position to consider their request until they have explained why they require such information;
- remind them it is a criminal offence to unlawfully harass someone for money under the Administration Of Justice Act 1970 s.40 and considering they are a debt collection firm you find the nature of their correspondence disconcerting.

If they come back and start demanding a debt then they may be statute under the Limitation Act 1980 and you would need time to take legal advice before considering any request. Tell them that if on taking legal advice you discover they are statute barred you will seek to recover your costs from them.

Until they actually demand something it is difficult to pre empt a further response.

Kind regards

AJ
Alex J., Solicitor
Satisfied Customers: 2728
Experience: 2 Years Insolvency Litigation
Alex J. and other UK Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok, I know a bit more now, after checking my credit rating. Which is not good.


We had a joint loan, which he agreed to pay for after we split up. He only pay the first three months (04/07) and then didn't until he took up a debt management (sometimes in 2009), so loan seems to be getting paid with that, but my credit score is severly affected and they are obviously trying to contact me to get the money of me?


Where do I stand?


Considering that my ex knew my phone number and address and could have contacted me if he wanted to.


 


Thanks

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

If the debt is being paid then the collectors can't really take any action.

Unfortunately you can't do too much about your credit score you will need to take steps to unwind your finances from your ex.

Do you have any more information on the debt?

Kind regards

AJ
Customer: replied 2 years ago.

This is extract from my credit report about the loan.


My ex would not disclose any other information.



I still haven't contacted the debt collection agency that I've got the letter from, should I do that?






LENDER



BALANCE

UPDATED

STATUS










Capital Bank Plc - Loans (2)





£ 9,506


01/11/2012

Default








Expert:  Alex J. replied 2 years ago.
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Customer: replied 2 years ago.

No, I haven't contacted them yet, will send them a letter today.


 


Thanks

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I wish you the best of luck.

Please let me know if you have any follow up points.

Kind regards

AJ

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Alex J.
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