UK Family Law
Ask an UK Family Law Question, Get an Answer ASAP!
Is the property in joint names?
Is the debt in joint names or that of your partner only?
Thanks for your reply.
I'm afraid that the liability in these loans will be joint and several, which means that in the event of default the lender can take action against either or both of you for any arrears. I know this seems very unfair but it would have been disclosed in the pre-contract documentation provided to you before taking the loan.
It is the responsibility of both of you to see that the repayments are let because they can take action against both of you.
If there was an agreement that you would share equal repayment of the debt and he does not pay and he ignores your informal attempts to resolve the issue then you should instruct a solicitor to write a letter to her (cost £50 + vat approx) explaining the conseqences of enforcement action being taken - eg. country court judgement, their fees being added to the amounts owed, bad credit record, inability to raise credit in the future. If a person is at all interested in remianing solvent then this should be reasons enough for them to engage with you to see that the repayments are maintained.
Any agreement you had with your expartner does not affect the lenders ability to take action against both of you if you default I'm afraid.
You can find solicitors in your area by using the following site:-
I know this is probably not the answer you wished to receive and I'm sympathetic to you position.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).