Ex refusing to pay for a loan with my step dad as guarantoor

maria932

Hope you can help
Problem - Ex refusing to pay for a loan with my step dad as guarantoor
Details - my ex partner/bf took out a a loan, in total with interest it is about £10,000. the guarantour was my step dad.
so it is not in my name at all and i didnt really have anything to do with it, ex said it was to private rent to my step dad so he signed the agreement. I rang my mum as i normally try to do every week and i said "mum, steve (ex) wants to talk to dad about a loan"
Apparently because ex was living with me, i said that to my mum im liable for part of this debt as well is this correct?????
my mum is taking it to the small claims court

Ex is refusing to pay as i had everything when we split up
We split because he was swearing at my daughter and said he hates her, he tried throwing me off my fireescape (3rd floor flat), punched me, police were involved but i did not take it further.
THings he wanted back: Car - he transferred into my name with a written letter and signed the log book
iphone4 - his contract, he said i can have the phone so i took his contract sim card out and used a PAYG, he then blocked the handset
camera - family thing we bought together with pics of holiday etc, mainly my daughter, i kept it
heater - he refused to come and collect from a neighbour

Idiophreak

Sorry, but it's not really clear what the loan was taken out for, exactly?

If it was taken out for the car, iphone, camera, heater, then I'd say there are two reasonable outcomes:

1) You give him the stuff. He pays the loan.
2) You keep the stuff. You pay the loan.

somethingcorporate

It will fall to the guarantor to pay the loan - this is the whole point of a guarantor loan.

They are given to people with the expectation that the parties are likely to default and hence the lenders have a second throat to choke when the time comes.

maria932

we already had 2 cars and the other belongings for a long time.

He took the loan out, im not 100 % sure what for i just know he told my step dad it was for private renting

He quite happily transferred and signed the car over into my name, although it was already mine just in his name

bargainbetty

Your step-dad is the guarantor, and your ex is the named person. You have no liability for the loan whatsoever. Your step-dad will have to go after him for the money, as legally it is nothing to do with you.

Your step-dad should make sure the payments are made until the small claims court is settled, or approach the creditor about a debt repayment plan if he cannot afford the entire sum. If you wish to help him out, that is up to you, but don't expect to recover any of your money from the ex.

Your ex cannot claim any legal waiver because 'you had everything'. What he can do is walk away and leave your step-dad to pay it, because the man signed a legally binding document stating that he would settle it if your ex failed to do so. Taking him to a small claims court might work, but don't hold your breath.

Alternatively, if you did get the car, you might consider selling it to help your step-dad settle the debt, if that was what the money was spent on.....

Good luck, but please, use the lesson and never let a family member sign as a guarantor again.

tiggerbodhi

Hi,
Think you need to seperate the emotional and break up "who gets what, who did what to who" etc from the loan, the loan has T's and C's and names on it, if the only names on it are your ex's and your step dad as guarantor the issue is between them only, the loan company, quite rightly, will persue your step dad for the loan, that is what he signed up to, as far as the loan company goes that will be their remot, they will not bother persuing you, your ex or his cat.

Then comes the issue of your step dad trying to get the money out of your ex, think this is above the level of the small claims court but worth a try, but considering it doesnt sound like all happy families IMHO you are pi55ing in the wind.....

OneLife_OneShot

Looks like your step dad didn't really know what he was signing up for.

It will pan out like this :

Company which gave out the loan will chase your ex for the weekly/monthly payments he agreed to. Then when he doesn't pay which I assume he hasn't or you wouldn't be on here then your step dad as his guarantor will be legally responsible for the debt as he signed his name on the dotted line.

If you can't convince your ex to pay it then your step dad really doesn't have a leg to stand on, sorry but that is how these companies make their money.

maria932

Thank you all so far,

Through this spit up i ended up losing my job as we worked for same comapany, i was on probation he had been there for years, so im currently on benefits and cant afford to help pay for it.
With the car issue, its just sat outside at the moment as a lump of metal as the alternator is gone

bengal-stripe

maria932 wrote: »

Through this spit up......

Now, that really is a Freudian slip!

Idiophreak

maria932 wrote: »

He took the loan out, im not 100 % sure what for i just know he told my step dad it was for private renting

At the risk of sounding blunt...I'm not sure why this is your problem?

Doesn't sound like you were involved at all, so it's between your step dad and your ex...

tiggerbodhi

bengal-stripe wrote: »

Now, that really is a Freudian slip!

So she just has to swallow the situation and deal with it?:)



I'll get my coat.......