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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6090
Experience:  Senior Associate Solicitor
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I have had a joint overdraft with Nat West with my

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Good morning,
JA: Hi. How can I help?
Customer: I have had a joint overdraft with Nat West with my ex-husband, that was discontinued due to financial circumstances and divorce. We separated in 2006 and divorced in 2012. This was taken out in 2005 and has not been in use since then. My ex-husband supposedly was making repayments for the past 12 years, at £3 per month. The overdraft was originally for £20,000 and then they charged interest. I received no information over the years, but am now aware that my ex-husband no longer pays anything. Nat West then arrived at a figure owing of £37.000 and requested payment. They then tried to charge myself £37,000 and also my husband £37,000 - 0n an initial £20,000 and an account that was frozen! It went to court and was thrown out as it was so out of date for a claim.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I was subsequently written to, and they have reduced the settlement figure to £15.000. I have insisted that I should only be liable for half of this and have negotiated £7,500 for my own part. They assure me that my ex-husband would be liable for the remaining £7,500, and I would be removed from the case. However, after such a long time I am wondering if I need to pay anything at all after such a long time. My ex-husband negotiated with Citizens advice to pay £3 per month because of his low income. I have heard that as this has been over 10 years, and is unsecured, Nat West do not have a case against us and the account should be dissolved in any case - could you please advise .... Many thanks.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Kent ....... are you able to advise me on my rights in this case, please - or do I have to take it to a Family Court? I am not able to communicate directly with my ex-husband could not even be in the same room as him - I would therefore have to pursue this on my own ....
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that is all the facts.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

Can you just clarify - they took you to court but their claim was struck out due to being time-barred?

 

Customer: replied 13 days ago.
That's correct
Customer: replied 13 days ago.
I don't wish to have a live phone call at this stage thank you....

OK, it means then that they cannot use the courts to enforce the debt. They may still try to pursue you but you do not have to pay them. And if they continue chasing you then you could apply for an injunction to stop the harassment.

Is there anything else I can help with?

Customer: replied 13 days ago.
Thank you ..... that's all for the moment. I really appreciate your response.

No problem at all, I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

 

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