Advice please

[Nat]

Im not sure if this is the correct place to post this, but im looking for some advice.

My partner and his Ex had a joint debt management programme. The debts that went into it were joint debts but unfortunatly a lot were in his name solely as she wasnt able to take out any credit.

She has now maliciously contacted hamilton Locke (the people responsible for the debt management programme) and told them to remove all debt in my partners name from the agreement. Which they have subsequently done without any authority from him or without notifying him)

Fortunatly one of the creditors managed to track my partner down and have informed him of the arrears in his name. Were at a loss as to what to do now.

I know legally the debt is in my partners name so he is liable, but is there some way either through small claims court or something of getting her to pay the rest of the money? The monhly payments to the debt management company went from her account and the Debt programme was in her name soley, my partner simply transferred monthly payments to her. (which I add he has continued to do since the split, and she has readily accepted, despite the fact she'd cancelled him out of the agreement)

It just seems so unfair that a bitter and jelouse Ex can do this.

[catullus]

This is abit of a muddle!
There's no real way that your partner could use legal proceedings to force his ex to equalise the debt, and in any event the legal costs would be prohibitive. The fact is that both are legally resposible for the joint debts and the existing DMP has broken down.
Your partner will need to set up a new DMP based upon his new circumstances including all the debts, both his and those that are joint. His ex will also have to do the same.
He could also consider whether, given his new circumstances, an IVA may be more appropriate. This would effectively limit his liabikty on the joint debts to the amount that creditors accepted in an IVA assuming, that they approved it

[MelanieGiles]

If the debts are joint, then your partner and his ex-partner are both responsible for the lot, and your partner is also responsible for the debts in his name as well.

Your partner must now reassess his finances to decide whether he can actually afford to recommence contractual repayments to his creditors or look at bankruptcy, IVA or even a deparate DMP in his own right. I am afraid that there is little chance of him being able to take his former partner to a small claims court to recover her share of a joint and several debt.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Nat]

Thanks for this, at least it gives us a basis to start from. Its a bit complicated as I dont think his debts are more than 5K on his own. The problem comes as my debts amount to approx 68K and Im currently taking out an IVA, well debating between that and BR) My IVA details went through before we found the info out regarding his status. We dont live together so his income has not been considered into my plan. oh why is life so stressful!!!

[MelanieGiles]

Life is stressful until you find a way forward! What is the amount of joint debt your partner has with his former partner?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Nat]

it's only 2k. which in the grand scheme of things isnt a lot, but he only earns 1200 a month and has bills rent and travel to pay. plus my debt is so large!

[MelanieGiles]

So - he needs to fund payments towards his £7k debt - and he should not be contributing to your debts. Is he able to do this without reverting back to any form of insolvency procedure.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk