My ex and I have been separated 3 years, and signed a binding financial agreement 9 months ago. I have carried out all my obligations in the agreement but my ex has not fulfiled his. As part of the agreement, a property held in joint names, which secured his company line of credit, was to be transferred to his name only and my name was to be removed as a guarantor. He has been unable to do this as he is now not in a position to refinance the debt as the sole guarantor.
The bank has refused to give me any information on the status of this debt over the 3 years since we separated, as my ex had me removed as a signatory on the bank account and I was not a director of his company. As per our binding financial agreement, I obtained my own loan and paid a lump sum into the line of credit.
I contacted the bank to request that they reduce the limit on the facility accordingly, but as I had no authority on the bank account they would not speak to me. They advised they could only deal with my ex, who had no interest in reducing the credit limit. He has now run the facility back up to $190K and has no means to repay it.
The bank has finally seen fit to make their first contact with me, in the form of a default letter and notice of intention to take legal action. They also advised that the arrears information will be passed on to a credit bureau, which will have on-going repercussions for my credit history. I accept that the property must be sold to clear the debt - I have no interest in it and that is my ex husband's loss. It is the extra interest, fees and legal charges, in addition to the black mark against my credit history, that I am concerned about.
Does our binding financial agreement stand for nothing? How can the bank refuse me information, access and authority on a facility that they are now holding me liable for?
The bank has refused to give me any information on the status of this debt over the 3 years since we separated, as my ex had me removed as a signatory on the bank account and I was not a director of his company. As per our binding financial agreement, I obtained my own loan and paid a lump sum into the line of credit.
I contacted the bank to request that they reduce the limit on the facility accordingly, but as I had no authority on the bank account they would not speak to me. They advised they could only deal with my ex, who had no interest in reducing the credit limit. He has now run the facility back up to $190K and has no means to repay it.
The bank has finally seen fit to make their first contact with me, in the form of a default letter and notice of intention to take legal action. They also advised that the arrears information will be passed on to a credit bureau, which will have on-going repercussions for my credit history. I accept that the property must be sold to clear the debt - I have no interest in it and that is my ex husband's loss. It is the extra interest, fees and legal charges, in addition to the black mark against my credit history, that I am concerned about.
Does our binding financial agreement stand for nothing? How can the bank refuse me information, access and authority on a facility that they are now holding me liable for?