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Joshua, Lawyer
Category: Law
Satisfied Customers: 31555
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I heard a joint account with then my boyfriend 2000, I have

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JA: Hi. How can I help?
Customer: I heard a joint account with then my boyfriend 2000, I have moved on but now I'm being chased by creditors for an overdraft he took in 2011. I had no knowledge of this and forgot about the account. Do I have to pay for the overdraft?
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: I called them and they not interest
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. I'm very sorry to read of the above. May I confirm that you have not made any payments towards the overdraft question nor acknowledged any liability in respect of the overdraft at any time the last six years including at any point following the contact by the debt collector or creditor please?
  2. as far as you are aware, is the joint account in question still open in your name?

Customer: replied 5 days ago.
i have spoken to the debt collect , they have no idea if the account is still active but my guess its closed hence they contacting me.
Customer: replied 5 days ago.
i will stick to typing if thats ok
Customer: replied 5 days ago.
im i liable after all this time passed?

thank you. In terms of the joint account, you may wish to carry out some checks in this regard on your credit file because if you still have an open joint account, it is likely to mean that you are still financially linked to your  ex-partner which can affect your own credit file to a moderate extent based on financial status of that ex-partner. If there is a joint account still open, then it would be sensible to write to the bank to request that it is immediately closed taking care not to admit any liability for any debt or make any payment in respect of any debt owed on the account. You can check your credit files for free using services such as the following:

in terms of liability for the debt, the limitation act provides that a creditor must demand payment or at least issue recovery proceedings in court within a period of six years from the last time a debtor either acknowledged the debt or made a payment towards a debt otherwise the debt is time-barred. It is important to note that you can reset that six year clock by acknowledging the debt or making a payment towards it hence my above question and the importance of ensuring you do not do either of these things. So long as you do not, then there should be no basis on which to make a recovery from you at this stage whether or not you were the one that actually incurred the debt

Customer: replied 5 days ago.
Thank you, appreciate

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

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