- Sat May 07, 2011 1:07 pm
I do not put myself up as any sort of expert on credit files, but I have been in a roughly similar situation and have spent a lot of time sorting out my own files post IVA, so I'll tell you what I think
to be true... Please therefore understand that the following is said with the best intentions to help, but not guaranteed to be absolutely right.
Which credit reporting agency have you checked so far? You are likely to find big differences between the 3 agencies (Equifax, Experian and Call Credit) for your sort of situation (and in my experience, Call Credit is likely to be the least accurate).
In my case, I had a lot of debt (to put it mildly), and have been through a (sole) IVA to sort it out. As with you, my OH had no debt at all, except for a shared overdraft on a joint current bank account. However, very luckily for us, our bank did allow the account/overdraft and cards to be put in my sole name just before I went for an IVA, so my OH became free of their obligations - and we had all that in writing!!
Going back to your husbands file(s):- I would expect (as I infer you do too...)...
1. Your joint overdraft to be showing on there, showing his involvement in your "joint and several" liabilities for the total overdraft debt (i.e. you both own the total debt of the overdraft).
2. His file to show an association to you through the joint bank account and overdraft.
3. Your addresses to be shown as "linked" because of your bank account.
4. None of the other debts that you have in your sole name to be showing as his. (Although the association with you (and the overdraft) effectively makes him a bad debt risk, I believe that the other accounts don't automatically become "his" unless they are specifically joint accounts.)
As I say, I am only recounting what our files looked like before IVA and disassociation of our bank account a few years ago... other real experts here may have different views about number 4 above (and maybe things have changed in very recent times?).
I fully agree that your biggest problem is getting the bank to agree to any disassociation, without you paying the overdraft off first. Although somehow
we managed it (I'll never quite understand how or why, although it was just in advance of the main debt crisis...) you can see that it's not in your bank's interest, as at present they can go to either one of you to pay off the total overdraft.
As for the other creditors, you could query with each one why they have your husbands name on the accounts, rather than just an association showing on the credit files. As said above, you may find big differences between the various reporting agencies here. You could also ask the credit agency(s) to get involved on your behalf but really they can't do much without full involvement of your creditors. In my experience, it's much better and faster to ask questions directly to the creditors.
Like you, I'd welcome any other comments on what I've written; there's a wealth of expertise and experience here (but it's often quiet at weekends).