xtb is helping himself to mortgage current account

xtb and I separated March 09.

The very first statement I have to hand is dated 7 March to 8 April 2009.

This shows an account summary as follows:
Start Balance £-334.96
Money In: £100.00
Money Out: £8,236.93
End Balance - £-8,471.89

So, basically, the xtb moved out and this account became active, with him making card purchases, cash machine withdrawals and payments to credit cards.

To just pick out a few from this statement:
Payment to Tesco Platinum £2,139.26
Payment to Barclaycard £3,000.00
Then there are about 6 cash machine withdrawals and it does show that he was buying furniture for his rented place: Ikea, Homebase, BHS, Staples etc and a lot of food shopping.
Oh, and just spotted he wrote a cheque for £2,066.44 too.

The reserve limit was £28,220 at the beginning.

Then over the months the overdraft limit creeps up.

I have just received a new statement through the post today funnily enough...
the reserve is now £41,760.

Last months reserve was £39,480 so it looks like the more he spends the more they increase it.

So, we separate in March 09
I believe to be the only one receiving statements.
The account was basically at £0 before he started using it when he left.
Now it is at £-28,212.89

I think I will see if I can find a phone number and give them a ring just to see if I am told anything different.

So he has accrued 40 grand worth of joint debt since separation?
Isnt this grounds for the pot sharing to be tilted in your favour due to conduct????

i think one of the legals needs to input here. getting yourself into debt after separation is one thing but joint debt is quite another matter.

eyes on horizon wrote:

So he has accrued 40 grand worth of joint debt since separation?
Isnt this grounds for the pot sharing to be tilted in your favour due to conduct????

I would like to think that the fair thing would be to allow me a more fairer share of the house when its sold but I'm not sure how it is worked out yet.

Hopefully, tomorrow I will ring Barclays to see if I can talk to someone who may know the answer, I am also awaiting an appointment with a mortgage advisor and hopefully when I have saved up a bit I will be able to go and see a solicitor.

Hark at me, actually

'saving up'

to go and see a solicitor!!!

Do not believe man from bank - he wont worry about who is borrowing the money at present as you are both liable for the draw downs and banks like to lend so long as there is equity to recoup. Unless man from Bank is also going to be judge in Final Hearing, he cannot tell you that this debt will be off set in your favour in final settlement esp if partner says - I gave it all to her for the kids and the bills etc. You need to somehow stop the facility for drawing out cash. Get the tenancy severed to protect your interest in the property that way any other debts run up cant be off set against the house.

thanx Rasher, the more I have been thinking about it the more I am led to believe that the man at the bank didnt actually have a clue what he was on about.

I have now got myself in a tizz as I have just realised something. I received a new bank card in August last year. It was a replacement for my own card, a chipless pin card and on the letter it said to destroy the card I was using at present.
So, I used the card and spent about £30 on 18th of August last year.
I then tried to go online to view my online banking but it wouldnt work so the next day I went into the bank and explained I had received a brande new card for my sole account.
They said they would send me a new pin but it never did come and I never did use that card again, I have been continuing to use my old card.
Well, after sitting here looking through the statements I have now realised that the 'new' card wasnt for my sole account at all, it was for the mortgage account.
It was a complete accident that I used it, thinking it was my own account. I didnt even know I had a card for another account and the bloke in the bank never said to me that it was for another account.
I know its only £30 and I accidently used it the once but I really hope that doesnt mess things up for me.
I'd hate to think that they can now turn around and say 'well, you have used that account too so you are just as liable as he is!' Bit of a difference though cos I accidently spent £30 and he has spent £28,000 on purpose!!!!

I know I am worrying about the silliest things right now but if xtb gets away with this unacceptable behaviour and I do lose out I'll be so flippin' angry.

Anyway, thanx Rasher, I am going to ring head office tomorrow to see if I can talk to someone who can tell me more about freezing the account.

You need to speak to the bank manager and not get fobbed off this time.
They can put a freeze on a single account thats why they have account numbers.
You must insist that this account is frozen,without it affecting your personal account.I've never heard such bollox.
It's common practice to freeze bank accounts for divorcing couples.
The man at the bank is a lazy xxxx who couldn't be rsed to do his job.
Drop in the line to the manager if he doesn't freeze the account obviously you will be sueing the bank for any further losses.That should help.
Toughen up and stop getting fobbed off your hubbie is a cheating little git in every way conceivable,unfortunately only you can look out for your own interests,noone else will do it for you.Good luck.
All the best
Pete