QLD Joint Debt with Ex - What to Do?

[ochnee]

I am seeking support and help regarding my recent separation from my de facto partner of 26 years. It has unfortunately turned ugly with my ex cleaning out our personal loan account, selling apprx $15 000 worth of furniture for about a third of what we still owe on the GE GO card ($6000), and stealing personal cash of mine - $1000 - all while I was away.

He packed up and stored his personal effects and hobby collection (insured at approx $15 000 - 20 000), took the trailer, the motorcycle - and one of my dogs - who I am desperate to get back!

He is not an Australian citizen and is currently not working as far as I am aware and not entitled to any financial support. I have had to seek support for emotional and psychological abuse (but am very resistant to taking out a DVO for a number of reasons). He has not contributed to any of the joint debts (of which unfortunately they are large), and we have no property or land.

All of our debts are in joint names - I am currently paying them on my own but cannot keep this up as my total expenses exceed my fortnightly income. I have been told by legal aid there is nothing they can do. I am attempting to negotiate with the banks and the finance company but they will do little to help me as they are all in joint names thus need joint signatures etc (contacting my ex causes more rounds of abuse and trauma for me which I am avoiding at all costs)....debt totals approximately $100 000 +.

Please help - I am at my wits end trying to do the right thing by everyone....alone!

 

[settle]

They are wrong. Ring them and tell them you are in financial hardship. They will give you 2 weeks to get paperwork in.

Under the NCCP rules section 72 you must give them notice your in financial hardship

You don't need to go bankrupt

 

[Matt King]

I'd send him a letter requesting payment of your share of the assets and return of the dog. If he doesn't pay, commence proceedings for recovery of your share.

The debts need to be resolved asap otherwise enforcement steps will be taken against you both.

Most financial institutions have internal ADR processes they need to comply with. I'd start by looking at this first.

Sounds like you need professional help and guidance.

Bankruptcy should be your last option, however may become necessary. There are other options such as Part IX Debt Agreement or a Part X PIA.

Try and negotiate with the financial institutions first, explaining your personal circumstances.

 

[ochnee]

I'd send him a letter requesting payment of your share of the assets and return of the dog. If he doesn't pay, commence proceedings for recovery of your share.

The debts need to be resolved asap otherwise enforcement steps will be taken against you both.

Most financial institutions have internal ADR processes they need to comply with. I'd start by looking at this first.

Sounds like you need professional help and guidance.

Bankruptcy should be your last option, however may become necessary. There are other options such as Part IX Debt Agreement or a Part X PIA.

Try and negotiate with the financial institutions first, explaining your personal circumstances.

Thanks for your response - I have sent a break down of the bills share and what he owes in arrears to which all I got was abuse. As they say 'you cant get blood out of a stone' - and with him not working he is not earning...and I think he has used up most of the money he took off with.

I am not dealing with someone who is rational for the most part. I have attempted to negotiate with the finance company and bank alike - on several occasion but to no avail...I would love professional help and guidance but without money all I am able to get is the same advice which leads me nowhere (as much as the advise is gratefully received).

 

[Rob Legat - SBPL]

The below is assuming your debts are all consumer credit. If not, you might be a bit out of luck.

When you claim hardship, which it appears you are in, the lender has 21 days in which to respond to you or ask you for information (which you have a further 21 day window to provide). Be aware, however, that they are not required to wipe the debts. There are a range of things they can do to help, so long as it appears to them you'll still be ultimately able to pay the debt.

If you're not satisfied with their hardship response, you can take the matter through dispute resolution: internal and external. Neither process will cost you anything, and any external decision through the Ombudsman is binding on them.

However, be aware that ultimately most joint loans are 'joint and several' meaning the lender can chase either of you for full payment of the debt. It is then up to the borrowers to determine contribution between themselves (ie you'd have to chase him for reimbursement).