I have spent years paying off debts relating to my first marriage (my ex-husband declared bankruptcy years ago) today I have been issued with Court papers for a joint debt in my married name (which I have not used for 6 years) for over 6,600. I do have the money and these people have been receiving payments through my DBP each month.

What do I do now? I don't have contact with my ex-husband so what do I do with his paperwork??

Hi --- What is the £6,600 debt for (type of debt) and how long is it since anything was last paid towards it by either you or your ex. ?

Do you also agree that this debt was taken out in joint names at the time. ?

Well its a strange thing, we bought our first flat and basically we were conned I feel, as we got aloan from the estate agents to make up the mortgage difference, when the property was sold I thought this debt was paid but it wasn't.

Yes it was originally taken out in joint names with my ex-hubby more than 7 years ago

Hi izzeybell -- Sorry for the late response I had to go away for a few days. Guess I was getting to the point that if this debt is unsecured and no CCJ has already been issued, providing no payment has been made for Six years by either of you or acknowledged that you do owe the debt in this period of none contact.

Under the limitations act 1980 you could write to the creditor recorded delivery, stating you now consider the debt, "statute barred" under the act, therefore legal enforcement cannot be pursued against you anymore for the recovery of this old debt.

Yes I have made payments in the last six years but only starting around 18 months ago, should have left it then??

What annoys me is that they cannot pursue my ex husband due to his bankruptcy.

izzeybell:

Yes I have made payments in the last six years but only starting around 18 months ago, should have left it then??

What annoys me is that they cannot pursue my ex husband due to his bankruptcy.

Fair enough, that rules out the use of the limitations act then.

Yes, your Husband is covered by the "bankruptcy shield", but because the debt was joint then they can pursue yourself rather than your Ex, hardly seems fair but they can pursue both parties jointly, equally or severally for this debt.

Best solution now is either try to come to an arrangement with the creditor before it gets to court, or failing that actually go to court with a comprehensive expenditure balance sheet of your ingoings and outgoings. Asking the court after explaining fully the circumstances of how this debt came about.... to set the re-payments at amounts you can easily and comfortably afford.