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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been seperated from my ex partner since 2006 of whom

Resolved Question:

I have been seperated from my ex partner since 2006 of whom i share a loan of £17,000 with from our old mortgage. She has never made any payment since the seperation and has no intention of doing so. I have spoken to northern rock who stated that we are both liable for this amount. I have asked if they will split the loan of which i can continue to pay my half but they state this is not an option. What can i do in law to split the loan? I would be greatfull for any advice you could provide.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.


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.


There is no provision in law that allows for the loan to be split.


If there are arrears and the lender calls in the loan then chances are they will sue you both for the money and obtain judegement. If there was an agreement between you and your partner that each party would pay 50% of the repayments then you may be able to sue her if the lender takes action against you but it does not affect the lenders ability to obtain judegment against you because of the J & S liability.

 

If there was an agreement to pay 50% each then you may be able to sue her for the previous 50% payments you have made on her behalf, but it's only worth it if she has money agianst which you can enforce any judgement you obtain.

 

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.

 

I know this is not the answer you wished to receive and I'm sympathetic to you position.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questoins.

Kind regards,


Tom

Customer: replied 3 years ago.

Just to clarify then, there is no way i can take her to court to split the loan?

She is not interesteed in having bad credit and has no intention of making payments. she has openly stated that she is leaving the country to live with famiy in spain this December.

I am a serving Police Constable an bad credit is just not an option for me.

Northern rock stated i could make an offer to repay half the loan in full but im not sure where i would stand with this?

Is there anything else you could suggest?

Expert:  Thomas replied 3 years ago.

Hi

 

No, I'm afraid not - it's not an application with any appreciable chance of success. But again, if there was an agreement between you and her that she would pay half then you could sue her in turn.

 

You can enter in to negotiations with NR about the situation and how you suspect she shall not make repayments. You can invite them to make an offer to renegotiate the debt repayments in view of her default (perhaps by extending the term) so that it is more manageable though. Obviously you would need to have this in writing in an agreed form.

 

I would suggest that if you are to negotiate that you restrict all communication with the lender to writing only. Explain your situation and express your committment to the agreement but that your circumstances have changed, see what they come back with and take it from there. There will be a desire from them to avoid court provided you are reasonable.

You've been very unlucky with your ex-partnet I must say.


Trust this clarifies, if so please click accept.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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