I am in desperate of some help. My Ex husband had a company of which he was director of. During our marriage. I became a secretary to enable him to borrow more money. He had an overdraft ( 100 k ) that was secured against our property and he would buy trucks to work on road construction. During hard times, one of the trucks was repossessed, on this loan It was necessary for me to sign as a guarantor.
Whilst still together as husband and wife, he had arranged with the collection company to make small repayments of 130 a week, these came from the overdraft account under the company.
When we separated, he took me off as secretary with out my knowledge and I offered him my 50 per cent share for 1 dollar. Of which he has not paid for or had me sign anything in regard to it. He did deposit a dollar into the company overdraft I imagine he believes that was the way to do it, so as far as he is concerned I have no share in the company.
About a year ago the collection company wrote a letter of demand for half of the amount owing on the truck loan. They were under the impression that the company was insolvent, I explained to them that he was still trading, that he took all the company assets and it was a company debt and should be paid by the company. He had paid his half and advised them to follow up with me for the rest.
When the family house sold as part of the settlement, I was required to pay 50 k to close the overdraft account as he also had to pay 50 from his share of the house. However the bank failed to actually close this account, it is still in both our names and he has now spent 52 thousand of it. I went into the bank before Christmas and advised the business manager at the bank that the account was not closed during the house settlement and that my ex was still using it. He had only put 20k on it by that stage. They promised me they would close it, and that I would not be liable for any of it. This has still not happened.
So to summarise, I am being pursued for a company debt, whilst he racks up more and more debt in both our names. He has declared an income of 19k for the year, whilst he claims his payment of the debts as loans to the company he has the privilege of using that overdraft as his own money tree for holidays and to add salt to the wound I am paying him child support for the very small amount of time he has our children.
So my questions are:
1. Who do I talk to about the debt? - An accountant or solicitor?
2. Can I force the sale of assets that the company own to pay the debt. There is a lot of stuff.
3. The overdraft i mention above is one of two he currently uses. it seems to me he is just going to keep piling up the debt, will this affect me, due to the bungled share purchase i mention above.
I really appreciate the help this site has given me. Thanks in advance for your help.
Whilst still together as husband and wife, he had arranged with the collection company to make small repayments of 130 a week, these came from the overdraft account under the company.
When we separated, he took me off as secretary with out my knowledge and I offered him my 50 per cent share for 1 dollar. Of which he has not paid for or had me sign anything in regard to it. He did deposit a dollar into the company overdraft I imagine he believes that was the way to do it, so as far as he is concerned I have no share in the company.
About a year ago the collection company wrote a letter of demand for half of the amount owing on the truck loan. They were under the impression that the company was insolvent, I explained to them that he was still trading, that he took all the company assets and it was a company debt and should be paid by the company. He had paid his half and advised them to follow up with me for the rest.
When the family house sold as part of the settlement, I was required to pay 50 k to close the overdraft account as he also had to pay 50 from his share of the house. However the bank failed to actually close this account, it is still in both our names and he has now spent 52 thousand of it. I went into the bank before Christmas and advised the business manager at the bank that the account was not closed during the house settlement and that my ex was still using it. He had only put 20k on it by that stage. They promised me they would close it, and that I would not be liable for any of it. This has still not happened.
So to summarise, I am being pursued for a company debt, whilst he racks up more and more debt in both our names. He has declared an income of 19k for the year, whilst he claims his payment of the debts as loans to the company he has the privilege of using that overdraft as his own money tree for holidays and to add salt to the wound I am paying him child support for the very small amount of time he has our children.
So my questions are:
1. Who do I talk to about the debt? - An accountant or solicitor?
2. Can I force the sale of assets that the company own to pay the debt. There is a lot of stuff.
3. The overdraft i mention above is one of two he currently uses. it seems to me he is just going to keep piling up the debt, will this affect me, due to the bungled share purchase i mention above.
I really appreciate the help this site has given me. Thanks in advance for your help.