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Senior Partner
Senior Partner, Solicitor
Category: UK Law
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Experience:  30 years experience in business law and related topics such as employment law
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Good Morning, I was given your website and contact email

Resolved Question:

Good Morning,

I was given your website and contact email and hoping you can give some advice on a financial issue I have.

In May 2002, my wife and I took out a loan with Bank Of Scotland which had PPI attached to it. It was a 25k loan over 10 years.

In October 2003, my wife and I separated, and as part of the separation agreement, I took full responsibility for joint marital debt. I have this documented in a Minute of Agreement. The Divorce letter also states that all financial matters settled and no future claims could be made on either party by each other.

I subsequently continued to pay the loan, monthly, alone, as part of the agreement.

In 2011, I was advised I could claim back the PPI on the loan and did this via a local financial service company. We were told that as the initial loan was in joint names that we both had to sign the claim form. Which we both did. I advised my ex wife at the time that if the claim was successful, that she would be due monies for the period we were together (May 2002-October 2003)

It transpires that the claim was upheld and I received a letter dated 12th July (received 16th July) stating that a redress of payment of 38k would be made, however, that as it was in joint names, that a cheque for 19k would be sent to me and a cheque for 19k would be sent to my ex wife. It said the payment would be made within 28 days and if I had any issue with the content of the letter, I had to call them. I indeed called BOS to explain that the complete monies should be sent to me, but they said that the cheques had already been sent on 15th July. Naturally I was upset and disappointed that they gave me no time to respond to whether I was happy or not with the redress proposal. That is one issue I have.

On the overall redress issue, I’d like confirmation on where I stand regards XXXXX XXXXX monies from my ex wife which should really be mine (minus the outstanding balance to pay off + what she would be due) as it was me who paid the loan since our separation.

Your advice greatly appreciated,

Thanks,

Regards,
Submitted: 1 year ago.
Category: UK Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. This depends to some extent on the claim you signed - usually if it is a joint loan then the payment should be made to the parties jointly. If you filed a claim jointly that may have said it was 50/50 - ideally it should have said in the claim the money should be paid to you.

it is pretty clear that as you paid the ppi the money should be paid back to you . The difficulty is that if the claim was not clear you have no recourse against the bank and you only remedy may be to sue your ex to account for the money.

That is assuming she will not pay it over voluntarily? I would tell her immediately that you will be claiming most of the money.

If the claim made it clear that the money should go to you then you could raise a claim against the bank and go to the ombudsman.

Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13246
Experience: 30 years experience in business law and related topics such as employment law
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