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Thomas
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, Im not sure if this question comes under family law

Resolved Question:

Hello, Im not sure if this question comes under family law or property law, I use to live with my boyfriend and we broke up a 19 months ago and i moved out of the rented property we had 16 months ago.
we were together for 6.5 years and had a property together for 5.5 years, during this time we collected quite a lot of debit, about £20,000 in total.
He had bad credit so most of it was taken out in my name although he is shown as joint account holder on somethings.
I was left to pay the debit by myself and struggled and had to take an IVA out. Where do I stand legally in getting him to pay some of the money?

Thanks Becky
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi,

Did you have an agreement that the debts that went in your name would be contributed equally by you both?

Tom
Customer: replied 2 years ago.

Hello Tom,


 


When we were together everything was split half and half, but nothing was ever put in wrighting.


 


Becky

Expert:  Thomas replied 2 years ago.
Hi Becky

Thanks for your patience.

If the debt with the creditor is in your name then obviously your liability to them is not affected by any agreement you had with your partner. They can still recover the whole of the money owed from you and only you.

If you had an oral agreement that the loan monies would be equally repayable by both of you then you could attempt to recover the portion of the money that you have paid which he should have paid from him.

The Courts understand that not everyone seeks to document such matters in writing and although it would be very helpful it does not mean that you cannot successfully sue him. It just depends on whose testimony the judge attaches the greater weight of evidence. If you had some form of acknowledgement of equaly responsibility (eg. Text message) then this would also be extremely helpful.

You should write against stating that if you do not receive a response from him then you shall issue legal proceedings using www.moneyclaim.gov.uk it’s straightforward to use and pretty cheap.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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