Ex refusing to pay back a loan I took out on his behalf

noodle

Hayley... ignore the people being idiots!

There are two loans here. The one from the bank to you, and the one from you to the ex. This is the key point, which nobody seems to have mentioned!!

The first loan is absolutely your responsibility, and you need to work out how you can deal with that on the assumption that they ex will not help. (easier said than done, of course, but that's what you signed up to!)

I don't know the legal status of the loan to the ex. You'll have to find that out for yourself - but if it is binding then take him to court. If he's really filing for bankruptcy then find out the procedure for ensuring that your claim against him is recorded. Going through the formalities of trying to legally recover the money from him will soon tell you whether he really is going bankrupt or if he's just lying to you.

The key, I'll say it again, is that you have two loans, and need to deal with each independently.

LovelyLeeds

noodle wrote: »

The key, I'll say it again, is that you have two loans, and need to deal with each independently.

Ability to pay is also key.

Culex

zppp wrote: »

Don't you mean go abroad for 6 years, then upon return to the UK, the debt becomes unenforceable in court, but they can still chase you and trash your credit file

How can they trash the credit file of someone whose debt has become statute barred?

Culex

Trajal wrote: »

lawrie28 wrote: »

Let him know that the Boys may well make an appearance ( I am sure you can find someone to give him a little scare).

No. Under no circumstances take this route. This is both illegal and wrong.

1994 Criminal Justice Act, this is effectively demanding money with menaces and could land you with thousands of pounds worth of fines as well as a potential prison sentence.

There are many good pieces of advice on this forum, unfortunately this is not one. Please under no circumstances advocate 'sending the boys' around, or even intimating this to be a possibilty.

I suppose the same would be true if his legs were to be broken in several places by thugs wielding iron bars?

That's a pity.

It might be fun to see someone with both legs in plaster trying to give a driving lesson

DVardysShadow

santer wrote: »

According to 3.2 bankruptcy should disbar him from being included in the ADI Register, the people training him should already be aware of this, so you could ask them what is the purpose of continuing to train someone who might not be placed on the ADI register

http://www.dvtani.gov.uk/uploads/publications/general/dva0483.pdf

You could also get confirmation from the registrar to show to the people conducting the training

ADI Registrar [EMAIL="ADIReg@dsa.gsi.gov.uk"]ADIReg@dsa.gsi.gov.uk[/EMAIL]

Interesting. From TFA

Convictions for fraud, dishonesty, misrepresentation of personal finances, bankruptcy, theft/robbery, etc.

Substantiated complaints following formal investigation by the Agency, of fraud, dishonesty, misrepresentation of personal finances, bankruptcy, theft/robbery etc.

Bankruptcy is not a crime, so you cannot be convicted of it - and I think that a simple bankruptcy without dishonesty may not be sufficient to disbar anyone - in my book it would be wrong to do this. So whether this would stand against hayley's ex is not clear.

hayleyrafelt

I have took out a small claims against him today. Am I correct in thinking that if he has a small claim against him this will hold up his bankruptcy until resloved. I know he has a meeting tomorrow with someone about him claiming bankruptcy but I need to do something to halt him until I get this claim through. I have registered it with the courts today. Will that be sufficient. I could not do this before as he refused to give me his address. I have had to forward the claim to his parents.

hayleyrafelt

Culex wrote: »

I suppose the same would be true if his legs were to be broken in several places by thugs wielding iron bars?

That's a pity.

It might be fun to see someone with both legs in plaster trying to give a driving lesson

Ha ha. I've had a few offers to have it done. Lol. I just want the money paying so I never have to see or hear from him again. He'll mess his life up again. he always has.

immoral_angeluk

hayleyrafelt wrote: »

I have took out a small claims against him today. Am I correct in thinking that if he has a small claim against him this will hold up his bankruptcy until resloved. I know he has a meeting tomorrow with someone about him claiming bankruptcy but I need to do something to halt him until I get this claim through. I have registered it with the courts today. Will that be sufficient. I could not do this before as he refused to give me his address. I have had to forward the claim to his parents.

If there is a smalls claims case against him it will make no difference to him going bankrupt. The case will be stopped and all your future dealings would be with the official receiver. There is nothing you can do to stop him going bankrupt, so be wary of taking court action, you're unlikely to get anything back from the official receiver and will be out of pocket with court fees.

trevorsminted

Hayley let us know which driving school im sure we could all pay for some lessons, seriously though leaves in exhaust pipes can be costly for repairs or oh punctures due to nails on road, ok that is the immature route im afraid i think you are liable for every penny of the loan as you would be in a joint loan if your ex was a lowlife thief i know this doesnt help but at least you know you are a better person than your previous scumbag fraudster!