Bank loans, debt collectors and an ex rmg1

#1
Hi all



Apologies if this is in the wrong place, but here goes.

My ex and I split up just over 4 years ago having managed to amass debts to two banks. The two bank loans were in joint names.



I've come to arrangement with the debt collectors (who the banks passed the debts to) and I'm paying off what I can afford. To be fair to the debt-collectors, they've been quite reasonable in my dealings with them.



After speaking to the debt collectors I've been advised that we are "jointly and severally liable" for the debt (to me that reads, if she doesn't pay up I'm liable for the lot).

I know she has now married her new bloke (and best of luck to both of them) and she's moved to America with him.



Due to the size of the loans, if she doesn't pay anything and I carry on paying what I can, it'll be years before it's paid off.



As far as I know, her husband is working. I'll be moving in with my new partner at some point over the next few months.



Now, for the questions:-

If I move in with my partner, will her earnings be taken into account when I next do an income/expenditure review?



As my ex's husband is working, will the same apply to her?



Obviously, as she's moved to America, tracing her could be a little bit more difficult than normal, but should the debt collectors be making more effort (as in some) to trace her and try and get some money towards these loans from her?



I don't really want to go down the route of IVA/bankruptcy/etc but I'd like to know my options.



Any help gratefully received.

#2
Neither of your new partners are liable or relevant.



You are legally liable for the debt. So is she. If you stop paying, they will trash your credit rating and then look for her. As long as they are receiving money, they probably won't pursue her too strongly.



If you know where she is, why don't you get in touch with her and ask for a contribution to the payments?

#3
No your partners earnings do not need to be taken in to account. An income & expenditure should include your income and your outgoings (obviously it may well be the case that your outgoings will have reduced if you previously paid say rent on a property alone and will now be paying only a proportion of rent on a property).



In terms of splitting joint household costs to know what to put on your I&E some people split costs in half, some split costs in proportion to their respective income etc. Try to choose a method that would stand up in court as 'fair'.



Same situation with your ex, her husband's income wouldn't be factored in, your ex would ideally be paying based on what she personally can afford.



The debt collectors are not obliged to try to track her down to pay towards the debt, and if they know she has moved abroad are probably unlikely to do so.



Has she paid nothing since you both split up? have you tried contacting her about it? what has she said when you have asked her to start making repayments?

#4
BargainBetty - my credit rating is already trashed due to the default notices on my file (as far as I know, anyway). It's good to know my partners income won't be used though (it's not her fault so why should she pay?). We didn't have what you might call an amicable split and she says she's no income (which I know is a lie). She doesn't have a lot of income but there is some.



Tixy - Thanks for that as well. I told the debt collectors she'd moved abroad and they said they wouldn't have a problem dealing with her even though sh's in another country. I'd need to supply contact details though (so they weren't really interested because they'd have to do some legwork to find her).



She's paid absolutely nothing towards these loans in the last 4 years.

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