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bill88
Starting Member
United Kingdom
38 Posts |
 Posted - 11 March 2009 : 17:11:20
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hi guys
im coming near the end of my bankruptcy in 4 weeks, i have a question to ask you guys.
i had a joint account with my wife, i think it was about £200 overdrawn at the time, but the OR took that as part of my debt,
today nearly 12months on my wife has recieved a letter from natwest (one of MY creditors) stating SHE owes £600+ for the joint account as its £600+ overdrawn,
is this right??
can they ask her for this?
she soesnt have this much and neither do i and i dont want to be in debt again after being discharhed! its meant to be a new start! |
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John
New Member
United Kingdom
73 Posts |
Posted - 11 March 2009 : 17:19:25
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Hi
I'm afraid the liability of this account became 100% your wife's when you declared bankruptcy and the amount owed has no doubt risen due to bank charges over the interim period.
John White
England Jackman & Spacey |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 11 March 2009 : 17:20:07
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As this was a joint account she would always have been liable for the £200 or original balance (under joint and several liability you would have both been responsible for the balance - they have claimed the balance in your bankruptcy and she is also liable for the full amount - this is often a shock to people as they think a joint account therefore they are both liable for half, not true i'm afraid)
The increase in the balance is probably due to charges being levied since the bankruptcy, as the debt has not been repaid. If I was your wife I would get in touch with the bank asap and explain the situation in full, she may be lucky and get some of the charges reduced, but I would not hold out any hope as under law i'm afraid she owes them the money. I would do it as soon as you can or you may find more charges being placed on the account, perhaps your wife can arrange a payment plan with the bank if she cannot afford to clear the debt
Sorry if this was not the news you wished to hear
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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bill88
Starting Member
United Kingdom
38 Posts |
Posted - 11 March 2009 : 17:23:49
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ok thanks :-(
thing is my wifes never had any staements since i became bankrupt, so we where nonaware of the charges totalling up until now plus my wife doesnt work shes a housewife, so she doesnt have an income |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 11 March 2009 : 18:15:57
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She can try speaking to the bank, but under Joint and several liability i'm afraid she is liable as her name is on the account
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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bill88
Starting Member
United Kingdom
38 Posts |
Posted - 11 March 2009 : 19:40:27
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hi
my wife has just rung the bank and spoke to someone from debt managment and she has been told that there is nothing on the account about bankrupcy, i have just logged into my old bank account and there is nothing there!(ie no accounts!)
now my wife has been told by this person from the debt managment team that we should both go into the bank and sign a declaracion to say she is no longer on the account and the debt will be clear as the reciecvers know about it is this correct or not as the recievers do know about it?
thanks |
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bill88
Starting Member
United Kingdom
38 Posts |
Posted - 12 March 2009 : 10:04:51
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hi guys
i spoke to the debt collections department this morning and lastnight at NATWEST, and again they stated if me and my wife go into natwest saturday and sign a declerartion they will remove my wifes name on the joint account and waver the fee!!
i couldnt believe this so i rang my O.R and again he said this is common, he because im being discharged on the 9th april 09 he said the bank were probably happy enough with what they recieved back from me in payment over the last 11 months (currently paying my tax money in my pay) (tax code is currently on an NT coding)
so again he said if the bank is offering you this deal, to take it, so again rang the bank to double check this was true and it is! :-)
we go in there and sign the form and hopefully thats the end of it! |
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pix1
Average Member
689 Posts |
Posted - 12 March 2009 : 16:28:30
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| Its one of those perversities of the finance system - all too common these days but things people are naturally unaware of. |
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joint account
