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Original poster

URGENT ADVICE NEEDED

136 replies

jessicasmummy · 16/01/2005 19:36

Sorry this may end being quite long...

when my DH was with his ex girlfriend she took out a loan in her name only on a joint account they had (DH in Kosovo at the time) as their joint account was seriously over drawn. Since DH and his ex split, he has been paying the loan repayment each month. We havent been able to afford it in december or indeed in january... christmas etc, and she is now phoning threatening legal action. My view was that she hasnt got a leg to stand on because she is the one who holds the loan so to speak. I also feel that if it was on a joint account surely she should be responsible for half the loan amount anyway.
Can anyone help as DH has got to phone the phsyco woman back tonight to sort things out and tell her where we stand..... PLEASE?

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Original poster
jessicasmummy · 27/01/2005 12:49

anyone????

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munnzieb · 27/01/2005 13:04

hold on, let me get this right, she takes out a loan in her name, then demands your DH pay half over, then demands he pay the whole amount?? I'm sorry but she can't do that, i'm no lawyer but what the hell is that woman on? surely she can't do that. Best advise I can give you is two things 1) your DH sees the unit laywer (yes the mil have them and they are free) to see where he stands, and b) if he won't go to welfare to ask advise you need to go instead most welfare units are lovely ours is ok (as long as u make them a cuppa! and catterick one even has a little tea machine! anyhow. As far as i'm aware AOE can only be put into place if threre is reason he has not paid his debts, ie u didn't pay your council tax bill or something. I would suggest thou that u get this sorted out ASAP, as I know if DH was in that situation it would effect his promotion. I recon the EX is a right psycho, where is she gettin her info from?? the back of a sweet wrapper. (just make sure that none of the paper work is in your DH's name - just to be sure)

Again i'm not a lawyer but what a bloody cheek of this woman, Def go and see your welfare officer they'll need to be informed and better they hear it from you/DH, best chat to him first thou about seeing them.

tarantula · 27/01/2005 13:07

Hi Jessicasmummy As far as I know ( and I dont know much TBH) an Attachment of Earnings can only be taken out by a creditor after they have issued a CCJ (County Court Judgement )and you have fallen into arrears of more than £50 with one payment. So she's jsut trying to intimidate you with stupid threats. Id keep this letter and show it to the CAB as you can def use it to show how she is threatening you.

HTH

munnzieb · 27/01/2005 13:08

(isn't it to get a ccj you have to have gone to court and told then the reasons as to why you can't pay ove rthe money etc...) - in which case the Army will need to be involved anyhow.

Original poster
jessicasmummy · 27/01/2005 13:18

thanks guys - its what i thought too but hey, im just a mum!

dh is off this afternoon - waiting for him to get home, will get him to go speak to families office (as we call it)

Surely an individual cannot claim an attachment of earnings anyway - i thought it had to be a company...

she took the loan out, it was deposited in their joint account, dh felt partly responsible as it was joint account, he has now paid in total £3330.00 and there is only £2149.00 left... this woman is driving me up the wall. im in bits sitting here!

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munnzieb · 27/01/2005 13:21

well that's what I thought, still best take proper legal advise, either with CAB or the Army. Main thing is thou hon, don't let it come between you two and don't let her stress you out.

Original poster
jessicasmummy · 27/01/2005 17:47

thanks so much. we have composed a letter back to her stating the legal side of an AOE order... checked it out on the internet and advised her not to contact welfare office as they are apoint of contact for soldiers and families only... and need soldiers permission to discuss welfare issues with member of public. we have also requested sols details as we no longer feel direct contact with her is beneficial to our "family" wellbeing. Im still really pissed off with her tho!

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irishbird · 27/01/2005 18:20

This reply has been deleted

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munnzieb · 27/01/2005 18:29

well said irish bird!

weightwatchingwaterwitch · 27/01/2005 18:47

I agree with irishbird, she's trying it on.

essbee · 27/01/2005 18:49

Message withdrawn

Original poster
jessicasmummy · 27/01/2005 18:50

the more i read her letter, the more i think so too. how could she have gained advice from CAB along the lines of demand full payment or threaten an AOE??? Surely CAB know about AOE's?!

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essbee · 27/01/2005 18:53

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JanH · 27/01/2005 19:16

Something has just occurred to me after wading through all this, jm - your DH's payments have gone into her account, with no indication to the bank or anyone else of what they were for, so it's her word against his. Maybe she thinks she can say anything and get away with it - maybe she'll try saying those payments were for something else and he hasn't been paying off his share of the loan - she's been saying some pretty mad things so far after all.

Also, looking at the figures, it was a pretty crap loan if she borrowed £3200, he has already paid off £3325, she has presumably paid some of her share off(?), and there is still £2349 outstanding - I don't know how long ago it was taken out but it must have been a very high rate of interest, and he had no say in that either.

You really do need some kind of legal advice, and as much evidence as you can muster of what has been paid and when and who to. From her mother's reaction when you rang she has been telling her all sorts of stories, if one phone call from you constitutes harassment in her mind - you need to know what else she has been saying and doing, but not by speaking to her when she rings you up. This has probably been said already (there is a lot of advice here!) but you need to arrange a face-to-face meeting with her and a legal representative each, and all the relevant paperwork and records. (It might be worth writing up a summary of what she's said and done from your posts on this thread too.)

Good luck anyway. Agree she is a psycho!

Original poster
jessicasmummy · 27/01/2005 20:50

thanks janh - u have some very valid points there. im sick to death of this phsyco bitch (excuse the language) but just dont understand why she is trying to make our lives hell. i recd an email from CAB today advising that we could actually take her to court to get the money we have already paid back... we dont want to do this, but feel we may have to in order we can finalise things... why is this bugging me so much?!

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irishbird · 27/01/2005 20:55

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Original poster
jessicasmummy · 27/01/2005 20:58

Cab say that if he has been "misled" to pay this money when he isnt liable, he could claim ti back. they have been seperated for 2 years.

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irishbird · 27/01/2005 21:09

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Original poster
jessicasmummy · 27/01/2005 21:58

but in a way he has because she has always said she did it for him and therefore it is his loan... poor little man! We dont want to take her to court - would rather she took us and we could get the thrill of watching her lose! Sorry sounds harsh but i need some sanity over all this at the moment!

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irishbird · 27/01/2005 22:02

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Original poster
jessicasmummy · 27/01/2005 22:06

ive only had the pleasure twice... and my god.... i nearly flipped! DH was in Iraq, Jess was 9 days old and she was being sooooooooo bitchy. could have slapped her good and proper right then and im not a violent person. i intend to call her bluff totally. what she is forgetting is that i used to deal with courts etc when working for an insurance company. i know exactly how the system works once it gets that far! it was just the situation i wasnt sure about but the more i look back at this thread, and the more i go over the paperwork ive got the more i want to get her into court and laugh in her face! God im a bitch!

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irishbird · 27/01/2005 22:26

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Original poster
jessicasmummy · 27/01/2005 22:28

i can promise you it has absolutely nothing to do with me other than dealing with it on dh's behalf.... he aint all that clued up hence him being a squaddie bless him!

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Snugs · 27/01/2005 23:33

Have only had time to skim thread so apologies if I am repeating anyone else.

I used to work in the loans department of a bank, issuing loans and chasing debtors.

On the assumption that this is a personal loan covered by the Consumer Credit Act: if it is in her name only then she is individually liable, regardless of what the funds where used for or from which account the repayments were made.

If she had simply left the debt as an overdraft on the joint account then your DH would have been jointly liable and both parties could be pursued individually until full repayment was made. By taking out a loan in her name only, she has voluntarily taken on ownership of the debt ? so is unlikely to be able to get very far if she tried to take this to court.

There are occasions (rare) when an overdraft on an account could be transferred directly to a loan ? but in the case of a joint account the loan would also be in joint names, and could not be arranged without the 2nd party?s knowledge and consent.

Original poster
jessicasmummy · 28/01/2005 09:16

thanks snugs - that has really helped. just needed some back up from someone who has either been in the situation before or has some experience through their careers. lets see how things go but ill keep you posted!

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