Credit card debt but no card

[Cryingemoji]

Hi all

Currently paying off a large credit card debt but now separated from husband.

I'm only listed as an additional card holder, so am I equally liable for the debt?

Also when we began repaying the cards we cut them up & I have no details about the account. How can I find out who owes what?

Thank you.

How much overdraft in the joint account?

I hope you get out of paying the wanker’s debts OP.

Red flag. You may be trying to do the right thing but this could be a signal that he isn’t. Open an account in your own name and close the joint account, or have your name removed from it. Pay off the £250 in your own name as a matter of priority. Then ask for his new account details and when you’re sorted with UC, set up a direct debit into it for your share of the debt, then work out what he’s going to pay in child maintenance and get him to set up a direct debit to your new account for that.

If he now has his own bank account and his wages are paid into it, it makes no sense to then transfer money to a joint account to pay a cc solely in his name. Unless, as others have correctly said, he’s trying to make a case that you are responsible for payment of the debt. If you’re separated there’s no need for a joint account and it will only complicate things for UC purposes. Better to each have a separate account for clarity.

Get a legal representative and do this through them. Don’t try and do it with your ex hoping he will work things in a mutual best interest - in all likelihood he won@5 and you will be screwed over.

If the debt is solely in his name OP will have no access to the details to make payments directly to the cc company involved. And by doing so she would be accepting responsibility for the debt. Better to close the joint account and for each to have their own sole account. He can then can pay his cc company directly, with OP making payments into his account for her share.

He is the account holder, he is liable for the debt. He should pay the cc debt directly himself instead of transferring it to you to pay it. The way he’s proposing is a convoluted way of doing it. Call me suspicious but if he transfers it in with the £500.00 maintenance, there is no way of proving that it isn’t all maintenance if you put in a claim with CMS. He could show bank statements with £1.500 going into the joint account but it won’t state what the money is for. You could end up with a reduced CMS payment and he could stop that £1.000 anytime he wants to leaving you high and dry.
Close the joint account and open one for yourself.
If you apply for UC you have to provide bank account details and balances. UC can apply to banks for access to accounts.

Were you using the card for dsy to day living expenses? Can you work out how much of the debt is yours? And how much is family related, holidays, food, kids uniforms, presents for the kids, anything family related is 50/50.

It is really important that you don’t keep that current joint account. He could do anything - he could take out money, set up direct debits to it for himself, add debt.

Call the bank and explain. They can probably transfer everything over to a new account that is only in your name one way or another - obviously they’d need to verify things with the other card holder.

Also, most people have a load of direct debits they’ve forgotten about. You don’t want to be paying for his phone, his Netflix etc! Go through the direct debits and standing orders with a fine tooth comb and make sure you don’t take anything to your new account that isn’t yours.

And as others have said, whatever you do, do not become the person responsible for paying the debt. He is perfectly capable of paying money off the debt himself, from his own account. As are you if you are jointly responsible and can afford to when working. The fact he’s saying it’s because the payments come from the joint account is concerning - get on the phone to the bank asap and protect yourself. Remember he will still have a debit card for that account and the right to do anything he wants with it - you need to stop that.

good luck!!

The repayment of the cc debt would be best resolved through the financial settlement. Op then knows legally her responsibility has been recognised and resolved. Rather than paying ex on trust the money will then be used to pay off debt.

Once an ex the rules change. Every transaction is dealt with formally.

But it's niggling me, I can't help but think he's trying to con me into paying debts that's aren't mine.

But then...

Yes we did run up the debt jointly

Morally if you ran the debts up together you should definitely help him pay them off! What do you mean that he's trying to con you into paying debts that aren't yours if you know you ran them up together? 😕

Have you got a bank account of your own? Open one ASAP and start your UC claim off today, takes a while before you will be paid so you need to do it straight away. Have your UC paid into the new account. Take your name off the joint account and leave him to sort his own admin out. Do that now before he does, so you aren't left with the joint account in your name only, with the overdraft and all the DD's coming out of it. Set yourself up independently, he needs to do the same, then discuss who pays what according to what is fair once you have some income that is protected from him.

Regardless of the debt issue anything that keeps you solely beholden to him for cash is a bad idea - what happens if he loses his job or finds a new girlfriend or even just has a shit day and decides not to pay?

You need to close the joint account, open your own account and claim CMS. He can send you £500 child maintenance - that doesn’t affect Uc - and then he can just use £1000 to pay toward the debts himself.

You will need to close the joint account before you will get universal credit otherwise they'll try to assume he's paying spousal maintenance - which they'll deduct or maybe paying you for something else or that you still have joint finances so his income would be taken into account.

You need to close the joint account or remove your name. You will need to do this when the overdraft is cleared I would think unless he agrees to go to the bank with you to close it. But I would put a block on it so that the overdraft isn't able to go above its current debt. I'd also cancel dd's to non shared liabilities to protect the account.

You need to break free here OP. You are separated, that means separate finances as well as separate beds. Anything else is too messy.

@Cryingemoji - I can see you want to do the right thing, but please listen to other posters. You may think he is being amicable, but in actual fact he sounds like he is trying to take the 'p**s' and set you up to be responsible for all the debt.

1. Do not pay the debts from a 'joint account'. Close that account and set up another one in your own name. With a joint account both people are liable for any money in it ( e.g. an overdraft). He could also continue to take money out of that account if you are separated and leave you in a whole heap of problems
2. Pay off your £250 as quickly as possible
3. Check what he SHOULD be paying you for maintenance with CMS - they have a calculator online.
4. Do you own your house or is it rented? Is it in joint names if you have a mortgage? If so you are both liable for paying the mortgage until the house is sold, or it is sold and you each get half of the net amount left after
5. You need to get him to pay you maintenance to your new account - and once you have claimed UC etc and it is all sorted, then you get him to pay maintenance from his (new) account to your new account

You need to see a lawyer too, to start working on a 'clean break' financial settlement but that will take time for that and the divorce. Yes - he is trying to con you. Bet if you start telling him that the 'joint account' isn't a goer now you are separated, he will show his real colours and get nasty. Good Luck

You will need to check with your own bank if you can remove yourself from it without his permission. Many require signed permission by both parties. You won't be able to close the account while there is an overdraft debt.

How do I go about getting the account shut down as we are unfortunately using the overdraft and it's all I have left to live on.

You can’t close or remove your name from an account that is in an overdraft debt.
Once it’s cleared you can ask for your name to be removed. Depending on the Bank they may not need the joint holders permission.

Agree it’s half your debt but worth scrutinising it to make sure there are no rogue payments you didn’t know about. Also make sure he’s still not using it - he could have asked for a new card.

Good point about paying the debt off directly, rather than transferring it to him. If you have to, make sure you label the transfer as Santander credit card debt, or whatever, to make it clear that is what you are paying.

You need to close all joint things as HMRC/DWP can use joint accounts as evidence that you are not actually separated.

The debt is in his name, so he is responsible for it and should pay it from his account. He can set up a DD for a fixed amount, so he doesn't have to think about making the payment if he is worried that he will forget.

You should pay him your share of the debt, but make sure that you have a clear record between you of how much of it is yours, and make sure that you make all payments by bank transfer stating what they are.

He should pay you CM separately as they are 2 separate things.

Legally the debt is his, but marriage settlements can include credit card debt run up by both parties.

This.
Separate your finances asap.
Don’t accept money to pay his debt.
I helped out exh not exactly the same situation but made his finances a little easier and I ended up with a tax bill I needn’t have had to pay.
If he can afford to give you £1000 to pay off debt then the can pay that direct.

If he gives you 1k a month
UC will probably see it as maintenance which they can deduct £ for £ so you probably won’t get any UC for yourself

Child maintenance UC ignore but I don’t know if they ignore it if it’s not done through the CMS

What if he stops providing the money and your joint account goes overdrawn because of his debt repayments going out? You will be liable for that. If he has a new account for his wages, you’ll be reliant on him transferring money to you. I would close the joint account and have an independent account of your own. Doing the right thing doesn’t mean needing to make yourself vulnerable. Protect yourself first and agree any repayment separately.

Wow, 15k of CC debt !
How on earth does that happen?
Are your savings in joint or sole accounts op ?

Its too easy for him to stop pying you then you are up shit creek. Saying the cards have been cut up nd no records is crazy - he should have an online account, statements, they should have his email - he needs to ring them nd sort it out and pay it himself.

I get that it is not you shirking but if he was responsible fiscally for you all previously it is shared debt BUT also accrued when he was finncially responsible. You can accept the 500 for CM and I would just say to him its not possible to have the debt money coming in and going out as DWP now monitor bank accounts and would see it as income to spend on living and they don't take into account debts.

ALso set up your own account without a link to him as currently he can wipe out the current account leaving you brasic. SO transfer the money and the dd to your own account asap. Currently he has left you with housing costs and bills, debts and the kids. CHarming - and everyone else is worrying about you leaving him with a bit of debt - he has left you with a lifetime of it

I agree with other posters - you need to financially separate yourself from your exDH. You need to protect yourself and your child.

Sort out all the bills that you will be paying and remove his name from those - but do watch for any fixed contracts that you have as you could be hammered for charges if you change things such as gas and electric. It may be better just to change those to a new bank account and then renew the contracts when they fall due.
If you are happy to pay towards jointly accrued debt - there is nothing stopping you setting up a standing order to pay this and you will have a record that you have done so. But do this directly to the credit card company. But you'll need those details from your exDH unless you can get the details from the joint account before it is closed. This is easily done if you bank online. In fact you could cancel all the Direct Debits from the joint account as the companies concerned will write when they don't get their payments - so forcing your ex to set up alternative arrangements.
See how much you can find out without asking your ex - have a good look around for old paperwork and don't take his word for anything. Just ask for proof to support his claims. If he won't do that then you know he is up to no good. Good luck - it's not easy when relationships end.

You are getting divorced for a reason, don't do anything like you are still a couple. I.e having a joint bank account, or paying any of his debts. It sounds like he's going to have a higher earning potential, so let him get on with it. Use the cmo calculator to work out what you are entitled to from him and request that. If he doesn't agree go directly to cmo.

Phone and also write / email / secure message your bank and explain the position. Get them to block the overdraft so it can't be increased, open a new sole account, transfer only your personal direct debits and standing orders over, and find out how to get your name off the joint account. Claim UC and have it sent to your sole account. Who gets the CB? Get that sent to your sole account too.

Bank will probably say both of you need to agree to removing your name from the joint account, but at least they'll know the position and can stop him running up more overdraft while you get your name removed.

Then seek legal advice on the separation / divorce.

Do all this ASAP.