Unexpected overdraft

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dave152

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Post by dave152 » Wed Sep 23, 2020 8:38 am
My friend's husband (separated) has an IVA. They had a joint overdraft of £5000. He assured her that she would not have to pay anything back however she has received correspondence from a debt agency wanting full payment of the overdraft. She was aware that the debt was there but does not know how he managed to get the overdraft and has never had any correspondence from the bank. She opened the account with him so knew of the account but not that there was an overdraft. He ran up the debt. Does this change anything?

Foggy

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Post by Foggy » Wed Sep 23, 2020 9:14 am
I am afraid that, in a joint account, both parties are jointly and severally liable. This means that if one party defaults the debt falls, in full, to the other party. The husband has defaulted and is relying on the protection of his IVA, so the wife is now liable for the debt.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

dave152

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Post by dave152 » Fri Oct 02, 2020 7:48 pm
Thanks for the reply Foggy. The issue is, she never agreed to having the overdraft in the first place. It's all been done without her knowledge.
If she never agreed to the debt then how can she be liable for it?

kallis3

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Post by kallis3 » Fri Oct 02, 2020 8:35 pm
Unfortunately it is a joint account and she will be liable for the debt as Foggy says.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
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dave152

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Post by dave152 » Fri Oct 02, 2020 9:20 pm
Surely you have to sign something to agree to be liable.

Foggy

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Post by Foggy » Sat Oct 03, 2020 9:05 am
Fri Oct 02, 2020 9:20 pmdave152 wrote:
Surely you have to sign something to agree to be liable.
This will have been incorporated into the Ts&Cs when she agreed to be party to the joint account.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk
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