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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear sir/madam I went through a divorce in 2010 after 27 years

Customer Question

Dear sir/madam
I went through a divorce in 2010 after 27 years together finding out that my husband had commited adultery in 2008. Myself and my ex husband took a loan out in 1995 for a car in 1995 for a car, we got the loan over 60 months however as we was selling our house after 8 monthly payments we managed to pay the whole loan off which all monies was taken out of a joint account with the rest of the household bills. We sold our house to invest our money in buying a piece of land on the east coast so as we could either sell it or rent it out.
I settled for twenty thousand pounds which was nothing, my solicitor went to court on my behalf and advised me that i would be entitled to a lot more. I settled for the amount as the divorce went on for nearly two years i was in and out of hospital as i suffer with epilepsy and settled for my two grown up daughters as well so as not to give them any stress.
The joint account at the time was with the Halifax, which was in my name and sent to my home address i received a questionare approx. three months ago which related to entitlement of ppi. I filled the forms in and sent them back. In the meantime i received two phone calls from the Halifax ppi team confirming details and that i would hear from t them in due course.
I signed a document at the time of our divorce saying i would not be able to go back to my ex husband for any monies.
I have received a cheque from the Halifax entitling me to the sum of £377.20.
In the appendix from the Halifax it states, although the ppi policy was in the sole name of Mr ***** *****, as we were held jointly responsible for the loan payments it states that they have remained mindful of this when considering the suitability of the policy.
There was no mention of this in the divorce settlement, my ex husband has advised me that he has been trying to claim this money back for the past two years.
He has received the exact same amount, I have spoke to the Halifax ppi team this morning and they have advised me that if i was,nt entitled to the amount they would,nt of sent documents to my home address. Unknown to my me the account was closed down however they obviously still had my address on there records. I did use to get bank statements to my house but he kept it open with a couple of pounds. I am unsure whether you can do this without the other parties permission as the statements stopped coming.
My ex husband has text me and advised me that if i don,t give the cheque back in seven days he will be seeking legal advice.
Please could you advise me where i stand ? I don,t like been sent threats he said to me that it is not a threat, i live on my own and as i said suffer from epilepsy and don,t need this stress.
Hope to hear from you very soon
Many Thanks
Mrs ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you.
Please do not worry.
You are in fact fully entitled to this money and there is nothing your ex can do to recover it from you
This is not "his" money - it was a joint asset that has been properly shared between you by the Halifax - it is NOT covered by the Court Order since it relates to a time well before then
I suggest that you tell your ex that if he contacts you again on this or any other matter you will ask the Police to give him a Warning Notice
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi clare thank you for answering my question, i was concerned about this as when the final decision was made i signed a binding agreement to say that i would not approach my husband for anymore monies. However saying that like both you and i have said that it was the halifax that contacted me. My ex husband is furious as he said he has done all the correspondence for the past two years of chasing the ppi however i never requested him to do this i was'nt even aware of the ppi until the halifax contacted me and told me of my entitlement. Please could you advise me where i stand ?

Expert:  Clare replied 2 years ago.
Hi
You have no reason for concern - the issue is not who wrote the letters it is about who is entitled to the refund - and that is clearly both of you.
Clare

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