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Help secured loan advice needed..partner left

245

Comments

  • I think i may go to the citizens advice and see if they can advise me on getting an attachment of earnings on him.
  • Tixy
    Tixy Posts: 31,455 Forumite
    I think i may go to the citizens advice and see if they can advise me on getting an attachment of earnings on him.

    You can certainly try talking to CAB.
    If you are trying to get a CCJ against your ex partner then you'll need proof that you lent him some money, that he agreed to repay it to you and that he hasn't done so.

    Ideally this would be a written agreement between you and your ex, which obviously you don't have. So what do you have that might help your case?
    How much was the secured loan? what was it spent on? can you prove any specific amounts were paid into ex's bank account perhaps?
    If you can show money going into his bank account can you show any repayments being paid back to you?

    To be honest I think the chances of obtaining a CCJ against him are very slim in your case and you might just need to chalk this one up to experience.
    Or try to get him to contribute voluntarily.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    chalkie99 wrote: »
    What is the loan secured on?

    I assume the house but don't see how it was secured in joint names if the house is solely in your name.
    As long as all parties to the mortgage are on the loan agreement, many lenders will be quite happy to allow others to be added to that loan agreement in addition to all the homeowners.

    As for the OP, the lender doesn't give a monkeys who pays it. If you don't, and your ex doesn't, it's your property that gets repossessed.
  • I have the loan agreement which he signed.
    Thats a legal document.
    Ive found a goverment website that says they can help me to claim back the money from him
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Please provide a link to this site.

    If you ex will not pay you willingly, then you need to obtain a court order first before you can apply for an attachment of earnings order. You might have problems obtaining both the court order and the attachment of earnings order, but even if you do obtain both, this is no guarantee of actually getting the money.

    Best of luck , but you could well be putting good money after bad money.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Money Claim Online...as im a new user im not allowed to post links
  • I am paying the full amount of the loan back.
    I would never allow the house to be repossesed.
    Im just finding it a massive struggle at the moment.
    My credits that bad i cant remortgage and put the 2 together.
    But hopefully in the forseeable future i will be able to re mortgage
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Money Claim Online...as im a new user im not allowed to post links

    This site:


    https://www.moneyclaim.gov.uk/web/mcol/welcome

    is to enable you to start court proceedings. Think carefully before you start. You must follow the court procedure and there is no guarantee that you will win your case, and even if you do win, there is no guarantee that you will get your money.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Tixy
    Tixy Posts: 31,455 Forumite
    I have the loan agreement which he signed.
    Thats a legal document.
    Ive found a goverment website that says they can help me to claim back the money from him

    Do you mean you have a loan agreement between him and you? Tha states you will lend him money and he will pay you back?

    If you mean the agreement between the secured loan lender and him and you jointly then you cannot use that agreement to take out a CCJ against him.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Yes the loan between me and him and the lender...
    I cant understand why im the one whos left paying it even though he signed.
    If theres no advice or help i can get i will just have to continue paying it alone.
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