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My Partner needs a Debt Relief Order but we have joint accounts...will they chase me for the debt

(9 Posts)
byanymeans Thu 07-Mar-13 12:39:38

My partner and I have always had a joint account for the past 6 years but our first account had an over draft which we have been paying back for the past 4. (we have not increased our debt for 4 years other then interest on the debts and we have new accounts with another bank since we started repayment)
We ran up some debt when we first got together setting up home but I fell pregant, we both lost our jobs and I had finish uni so we cut off all debt and started minum payments before things got bad. We have been replaying what we can afford for the past 4 years but are getting no were so we have been looking into DRO. We are way below the amount to get DRO and every thing but one joint account is in my partners name.

My question is:
can I take my name off the joint account if its in debt before he gets DRO?
and if not will they still want me to repay the over draft even after his DRO?

I have no income of my own so could not repay any of the joint debt.
As it stands we will take 27 years to repay all the debt due to lots of charges that have been put on them when we first started repaying the debt and small amount of free money we have to repay them. We hoped to be able increase our repayments and get clear but its been 4 years and we are still getting no were so a DRO is our best choice now.

Sorry if this is long, Thank you for reading it.

keli5325 Thu 07-Mar-13 17:03:35

you can try and get your name removed but banks often wont allow it if there is an outstanding debt. if it goes into the dro they will persue you for the balance and you will need to set up a payment plan. do you have other debts?

littlemisssarcastic Thu 07-Mar-13 20:17:11

DRO's only apply if your total debt is less than £15000 though.
That includes all of the charges that have been added, so the total amount of debt including the charges is less than £15000.

byanymeans Fri 08-Mar-13 11:24:56

The total debt is a little under 7k and we have less then £50 free a month so he can get dro but im just really concered that it wont count for much if they start asking me to pay the debt and we cant both get dro. Im going to try popping into bank today and getting any paperwork that might get me off the joint account but i dont know if there guna let me as the accounts not been active other then repayment for years. Wish me luck.

keli5325 Fri 08-Mar-13 12:06:26

Good luck :-)

Just out of interest why do you say you cant both do a DRO?

byanymeans Fri 08-Mar-13 12:12:33

Cant afford to dro's only just finding the money for one.

keli5325 Fri 08-Mar-13 13:25:50

If you also have debts you may have to consider doing a DRO yourself once you can save the £90 fee

littlemisssarcastic Fri 08-Mar-13 13:51:50

I would be concerned at how long it stays on your file tbh.

I am assuming you have some reason to believe your financial position is not going to change for the next 27 years, or even in the next 12 months minimum, and have tried to have the charges frozen either yourself or through an agency who work for you to resolve your debt issues? (I mean a free agency, not one of the ones you pay.)

You must be in a really bad position if you are considering a DRO. I'm sorry you're in such an awful position and hope it all works out for you.

milktraylady Sat 16-Mar-13 13:00:01

have you heard about "joint and several liability"?
in english law if you prove the debt is his, not yours they should not pursue you for the debt.
in scottish law you are both liable for all the debt & they will chase whoever they can get their hands on.
and yes i did discover this little gem while at uni in scotland- joint bank account with shithead boyfriend.

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