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QLD Debt Collectors - Old Debt the Ex Husband Told Me He Paid

Discussion in 'Debt and Bankruptcy Law Forum' started by Debbie read, 17 March 2015.

  1. Debbie read

    Debbie read Member

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    I had a divorce 5 years ago, separated 7 years ago. My ex husband had a car that a was a secondary borrower on. When we separated, he kept the car. A year later, I was aware that he had it repossessed although I was never contacted by anyone about it. My ex told me he went to court and made an agreement to pay $7000 as full and final payment (the amount outstanding was $12,000 I think). My ex told me that he has paid the amount agreed to. I was never contacted by the collection agency thoughout this time however just recently I have found out it is listed on my credit file and yesterday I was served a claim for $14,000 for this debt. This is the first time I have been contacted. The debt collectors informed me that my ex has not paid 1 cent of the money he told me he paid. My question is can I fight this or do I just have to pay for my ex's car? Thank you
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Debbie,

    unfortunately I think you will have to wear the debt, then sue your husband for it. As far as the bank /car finance company is concerned you were a secondary on the loan and are jointly and severally liable to pay the debt. The fact that you thought differently doesn't change your rights at law. It is recommended that you always obtain a written statement to show that you are cleared from a debt or that the debt has been paid off.
     

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