Credit File

[sazpants1]

How long can a credit company chase me for an unpaid debt by my ex-husband?

[CheekyChops]

If the debt was in your ex-husbands sole name, they shouldn't be chasing you at all.

[innocenti]

Is this a debt in both your names?

[EverClean]

As already posted - if iit's solely in your ex-husbands name then they have no right to chase you. If it was taken out in joint names then they will continue to chase you.

[sazpants1]

The debt was from a joint account at Lloyds TSB, but in the divorce settlement my ex was given money ( �45,000) part of this was to pay off the �3,500 overdraft on the account. I have the divorce settlement which was sent to Activ Kapital who now own the debt.This settlement document is a legal document,as it was used in court over another debt my ex mother in law tried to claim off me. Activ Kapital then tried to contact my ex who so politly has now declared himself bankrupt! What should i do? It's been 5 and a half years, and i still can't get rid!

[themas]

If it was a debt in his sole name then you must not pay them - it is not your debt and they have no right to contact you about it. The same applies if it was a credit card debt with you as the second named card holder.

If it was a debt in joint names of you & your ex then you are both jointly & severally liable for the whole amount and they can go on chasing you, but there is a statute of limitations which is 6 years from the date of the last payment or acknowledgement of the debt by you. After that time the debt still exists but they cannot take Court action to enforce payment.

[themas]

Your post was logged at the same time as mine! I hadn't seen it.

I don't know whether the divorce court order removes your legal joint liability for the debt - you may need a solicitor to advise on this. However, if - as you imply - it was accepted in Court to remove your liability for another debt this may be sufficient for Aktiv if you give them the details.

[sazpants1]

Thanx for your quick responce.

I have sent them everything i have, showing them that i am not liable, the judge in the last case was descusted because he took the �45,000 and bought a flat. Activ Kapital have told me that they will not be contacting my ex due to his bankrupcy, they even advised me to do the same, im not willing to over �3,500, but they still can't and won't leave me alone, is it just a case of me sitting it out? they won't take me to court because they know i have already paid this as far as i am concerned in the settlement.

[EverClean]

They'll give you some hassle in the hope that you'll pay, but as you've stated yourself - they can't take you to court as you have proof that the debt is settled as far as you are concerned.

It appears that they are trying it on.

[EverClean]

You may want to contact the Citizens Advice Bureau (CAB) for some advice. Their advice is free and confidential.

[WoWo]

I'd certainly get legal advice, however as long as they have contacted you about the debt they will be after it forever. There is no expiry date, there is a 6 year limit on them chasing the debt originally but given they have contacted you that period is no longer relevant.

Go to the CAB as suggested.

[themas]

Wowo is not correct on the 6 year statute of limitations. It is not invalidated by the creditor contacting you, so long as you do not acknowledge that you owe the money. If the creditor (Aktiv or whoever owned the debt before them) has not already got a county court judgement - & it seems from what you say that they haven't - then they cannot go to Court and legally enforce the debt if 6 years has passed from the date of the last payment or other acknowledgement of the debt. I don't know how far off from 6 years you are.

This does not mean the debt is wiped out but - as they cannot enforce it - it has very little value. Look at the OFT guidelines for dealing with debtors (see their website) & if you think Aktiv are breaching them complain. (I think there is something there about not pursuing debtors if the debt is statute barred & the debtor has made clear they will not pay.) Any dealings with them should be in writing & keep a copy. Refuse to talk to them.

[Finance Guy]

I agree with Themas 100%, its great advice, make sure you follow it and you'll be ok.

Letters cant hurt you, if you put them into perspective and dont let them get you down.

[sazpants1]

Thanks for the advise, i think my only hope is the CAB. Ihave in the past advised Aktiv to stop hassling me, i even changed my number to stop them calling me nearly everyday at work and home, so now all i get is a letter, but it still gets me down when they come. This just will not go away.

[Androcles]

If they are just hassling you, why not just send the letters back marked "gone away". At least it will cost them money trying to find where you've gone. .....