what are my rights?

[stuck mum]

I divorced 5 years ago and despite having 2 children, i've had no contact from my ex for 3years.
When we divorced my ex and I agreed to pay off a debt each. I paid mine but it appears that my ex didn't. The loan was in joint names and now I have received a letter from a debt collection agency. They have informed me that they cannot find my ex and that I am now liable for the debt. They have given me 6 weeks to find �1900.
What are my rights for paying this?
I don't want bailiffs knocking at my door. They will only agree to monthly payments if i pay the full �3800.
Had a solicitor appointment this morning but she cancelled when I arrived at the office. The agency are ringing me tomorrow.

[Ethel]

That is the situation with joint debts - you are each liable for the whole, and if one goes missing the money is recovered from the other.

This should have been sorted out in the divorce. How old is the debt?

[stuck mum]

the debt is nearly 6 years old

[emlett]

if you knew where he was, you could give them that information but it doesn't sound like it and its more likely that they will continue to pursue you anyway.
Did you agree in writing that he would pay off this debt - in a court order for instance?
it may be the case that you will end up having to pay this off and then trying to track him down and to sue him.
if you do end up paying 50% of it off, then ensure you get something from them that says that this is in full and final settlement of your liability to them under that debt.

have they got a court judgment for the amount against you and the ex? if so, you can ask the court to consider the liability that you shoudl have under the debt and your financial circumstances i.e. payment by installments.

[emlett]

"Had a solicitor appointment this morning but she cancelled when I arrived at the office."
i am quite shocked to hear this - unless there was a genuine good reason for such a cancellation then this may give grounds for a complaint.

by the way, you could also see the Citizens advice who will help with debt matters and may prepare a schedule of your finances to present to the agency with proposals for payment.

[themas]

You don't need to spend money on a solicitor for this, unless it was definitely sorted out as part of the divorce and put in writing. Even then, there is almost certainly no reason why the creditor should be bound by the divorce settlement. Legally, as already stated, either of you is liable for the full amount of the debt.

The debt collectors may threaten and bully you - don't let them. You can only pay what you can afford. Get advice from the CAB or any other local free money advice agency, or call CCCS (see website for number). Do not get involved with any fee charging debt advice/management outfit.