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Private loan for life partner - gone wrong!!

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Comments

  • Sorry, but as above you're stuffed.
  • shop-to-drop
    shop-to-drop Posts: 4,340 Forumite
    This is one of those times in life where you just need to learn a hard lesson. You lent to her knowing she had bad credit and no one else would lend to her and it all went pear shaped. A sorry tale all you can do is not make the mistake again and protect your own credit score by making the payments on time.
    :j Trytryagain FLYLADY - SAYE £700 each month Premium Bonds £713 Mortgage Was £100,000@20/6/08 now zilch 21/4/15:beer: WTL - 52 (I'll do it 4 MUM)
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    The fact that you have a paper trail (albeit not an ideal one in the form of a loan agreement), may persuade the court that the loan is real.

    Even so, because the loan is in your name, you are liable. You can only seek to recover in turn from her. You will not be able to step out of the picture and get the bank to deal directly with her.

    You say that there were County Court actions. What happened?

    What was the business? Sole trader or limited company? If a limited company, you have options such as stopping it being dissolved.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • ''Persuading'' that the loan was a loan and not a gift is not the issue here.
    OP wants legal recourse - he can go to court and win but not get any money as the ex may claim she has no money. The court might tell her to pay £1/£5 per month towards the debt - it will be many decades before the debt is settled.

    In the meantime if OP wants to protect his credit rating he has to continue making the repayments as the debt at the bank is his and his alone.
  • curlygirl1971
    curlygirl1971 Posts: 1,367 Forumite
    Part of the Furniture Combo Breaker
    edited 28 January 2012 at 8:35PM
    My sister obtained a favourable judgement from the county court re. A loan made to her ex partner and she had an email trail as well a couple of other things (bank statements showing some of the agreed payments) to support her side of the story.

    As other posters have warned though, obtaining a judgement does not mean you will get all or part of your money or that you will get your money repaid in a pattern that matches your repayments to the loan. You will also have costs to put up that you may not get reimbursement for. My sister found the whole process dreadfully stressful but I guess everyone is different on that score.

    To our eternal surprise she did get her money, all of it, in one go. But only because her ex was a devious piece of work who wished to avoid a CCJ at all costs - he didn't want it to harm his credit record - sadly he had no compunction in borrowing from his aged grandfather to repay my sister rather than selling one of his 3 sports cars!

    Very sorry this has happened to you - best of luck for the future.
  • gingergee
    gingergee Posts: 918 Forumite
    Please don't take this wrong but... she already has bad credit you say? so pursuing a CCJ against her wont bother her, and, i presume, costs you? I'd cut your losses and on her concience be it. Hope it is sorted though, your obviously a nice person x
    The feeling i got when i confirmed my place studying criminology at Exeter Uni was brilliant!!!!!

    The pride my children told me they had in me was even better!!!!! # setting positive example to children is OUTSTANDING!!!! !:grouphug::grouphug::smileyhea:smileyhea:smileyhea:smileyhea:smileyhea:smileyhea:smileyhea
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