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Old Debt Enforcement
I am hoping someone can assist me with a troubling situation.
My ex wife of 4 years & I had some old debts that dated back around 12-14 or more years.
There were no CCJs attached to these debts that had been passed to Cabot & Capquest, just monthly very nominal payments being made.
As part of the divorce agreement in 2018, we both agreed to continue paying these jointly from our old account as although the debts were held in our individual names, they were accrued jointly.
Now my ex without consultation, closed our old joint account in April that these payments were made from.
She also removed the balance in full and had it sent to her.
She has not responded to any contact from me since.
While she used to be the contact on these debts, as some were in my name, I felt obliged to contact the companies as the direct debits would naturally bounce back and I didn't want any issues with my credit score etc.
Not knowing what the legal position was over the debts, I called both companies & I agreed lower settlements with them and planned to take legal action against my ex to recover her half of the debt.
Whilst we had a legal divorce agreement, I am now being told by a top solicitor that I have only a 50/50 of enforcing it.
The solicitor has also queried that as the debts are so old, they are probably not enforceable, but they cannot confirm that as it's not their field.
Can anyone please tell me the position about such old debts as I don't want to become liable for the full amount if I don't pay the settlement offer, but I also don't want to be liable for her half as I certainly don't have it.
I certainly do not want any CCJs or a damaged credit score which is now excellent.
I am also very concerned to read that while I personally had never having had any dealings with these companies, by me calling them, I may have unwittingly undone the fact there had been no prior or recent contact and have now opened up debts that had potentially become unenforceable?!
Desperately hoping someone can advise me.
Thank you.
My ex wife of 4 years & I had some old debts that dated back around 12-14 or more years.
There were no CCJs attached to these debts that had been passed to Cabot & Capquest, just monthly very nominal payments being made.
As part of the divorce agreement in 2018, we both agreed to continue paying these jointly from our old account as although the debts were held in our individual names, they were accrued jointly.
Now my ex without consultation, closed our old joint account in April that these payments were made from.
She also removed the balance in full and had it sent to her.
She has not responded to any contact from me since.
While she used to be the contact on these debts, as some were in my name, I felt obliged to contact the companies as the direct debits would naturally bounce back and I didn't want any issues with my credit score etc.
Not knowing what the legal position was over the debts, I called both companies & I agreed lower settlements with them and planned to take legal action against my ex to recover her half of the debt.
Whilst we had a legal divorce agreement, I am now being told by a top solicitor that I have only a 50/50 of enforcing it.
The solicitor has also queried that as the debts are so old, they are probably not enforceable, but they cannot confirm that as it's not their field.
Can anyone please tell me the position about such old debts as I don't want to become liable for the full amount if I don't pay the settlement offer, but I also don't want to be liable for her half as I certainly don't have it.
I certainly do not want any CCJs or a damaged credit score which is now excellent.
I am also very concerned to read that while I personally had never having had any dealings with these companies, by me calling them, I may have unwittingly undone the fact there had been no prior or recent contact and have now opened up debts that had potentially become unenforceable?!
Desperately hoping someone can advise me.
Thank you.
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