How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My partner and her ex had a join unsecured loan, which, when

Customer Question

My partner and her ex had a join unsecured loan, which, when they separated they agreed they'd pay 50/50. Earlier this year he disappeared and stopped paying his 50%, the bank only have my partner as a contact as he paid his money to her. Through various discussions with people, it looks like she/we are now stuck with that debt. Once it's paid back, can we sue him? And if so how would be peruse this course of action, all depending on if we can find him I appreciate.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Does your partner have proof of the agreement to pay 50% each?

Tom
Customer: replied 1 year ago.
Yes we have emails discussing how he was going to pay the monies to her
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Obviously, the liability under the loan in joint names is joint and several which means the creditor can sue either your partner, her ex or both at the same time.

If they only have your partner as a contact then it may be that their primary redress is sought against her. She is liable for the whole of the loan amount.

If you have proof that the ex agree to be responsible for half of the remaining balance owing on the loan then she can use this as the basis of her claim to sue him for any monies above 50% that she pays in order to settle the claim of the creditor.

She can do this by issuing a claim via www.moneyclaim.gov.uk, it’s cheap and straightforward to use, but she will need an address. They will pop up on records eventually and she may consider using a tracing agent to attempt to locate them,. They are quite good, actually.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.
By tracing agent, what do you mean?
Expert:  Thomas replied 1 year ago.
Hi,

Tracing agents are professionals who check public records and with their network of other tracing agents.

When you cannot find someone that you want to sue, you use a tracing agent.

If you gooogle your locality and tracing agents you shoudl find a few options.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.
Ok so assuming we can track him down and we have an email from him, from a number of years ago agreeing to continue to pay his share, we can look to sue him. My wife is currently looking at debt management options to try to freeze the interest on the loan and therefore be able to pay it back sooner than the current 29years. What should we do over the period we are paying it back, should we still continue to try to make contact with him to give him the option of starting to pay his portion, I'm assuming we need to show a court that we haven't just accepted the loan is ours and that he's not responsible for any of the monies?
Expert:  Thomas replied 1 year ago.
Hi,

You have not rated my answer. Please do so.

You should try and make contact with him now. You have proof of his acceptance of 50% responsibility and so you need to go about enforcing this as soon as possible.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
But the lender is not interested in enforcing him to pay, because we are paying, if we stop it then starts to affect your credit rating. We've previously been advised we can't pursue him for costs until the debt is paid.
Expert:  Thomas replied 1 year ago.
Hi,

Forget about the lender. You can't compel them to pursue him. If you track him down you can give them his address to see if they then do seek payment from him.

If you have paid monies that should have been paid by him then you can recover these monies regardless that there is an outstanding balance on the account. You can also seek an court order ordering him to pay his share.

Thanks for rating my answer.

Tom
Customer: replied 1 year ago.
I need a bit of reassurance as we have recently contact my wife's ex and advised that we have taken legal advice and will be seeking to recover the monies owed. His response is that he has no contract in law with her and therefore the advice we have sought is flawed. Interestingly his response went to her via her works email which she has never supplied him with.
Expert:  Thomas replied 1 year ago.
Yes, well he would say that wouldn't he..

Arrangements between couples are perfectly capable of being contracts. The fact that an agreement was made between a couple does not mean that it is automatically not legally binding.

It's a question of intent. If it was intended that the agreement to be equally responsible for the loan was intended to be legally binding between them then it's a contract.

The fact that they agreed it upon separation is likely to be fairly persuasive - what is the point of an agreement like this when you are separating if not to be enforceable against eachother? It's pointless otherwise...

Tom
Customer: replied 1 year ago.
Thanks for the reply, this is why we need the guidance. I am assuming it was a bit of a knee jerk response on his part. But it is very difficult when the lender is also telling us that they are not interested in pursuing him as we are happily covering the repayments. It's not like we have a choice.
Expert:  Thomas replied 1 year ago.
Yes, I understand

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice