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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner and her ex had a join unsecured loan, which, when

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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.

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

Customer: replied 4 years ago.
Yes we have emails discussing how he was going to pay the monies to her

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, 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.

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Kind regards,

Customer: replied 4 years ago.
By tracing agent, what do you mean?

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.

Customer: replied 4 years 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?

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.

Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 4 years 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.

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.

Customer: replied 4 years 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.
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...

Customer: replied 4 years 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.
Yes, I understand