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"Joint & Several" - What does this really mean

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  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 September 2013 at 5:52PM
    Apples2 wrote: »
    The op is never going to accept that.....

    Never in a million years, I await the day when he might accept it though.
  • JuicyJesus
    JuicyJesus Posts: 3,832 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    pvt wrote: »
    Hasbeenconsolidated,

    One possibility to explore is for your daughter to approach the bank and offer to pay off half the loan if they will agree to split it and agree she then has no further liability. If she makes the point that she has no chance of being able to pay off all of the loan and it would therefore be better for her to default on all of it if they don't make some arrangement. For this to work the bank would have to be convinced that getting 50% of the money and chasing the other borrower for what they can get might be their best option - if it looks to them as if she's good for the whole amount they obviously wouldn't agree to this.

    It can be done, but has to be agreed to by all three parties involved, including her !!!!less ex-partner. And for all three parties to agree, it obviously has to be mutually beneficial to ALL those parties.

    Unlikely though, especially since having to pay any of the debt back at all is clearly not in the interest in the ex, so he'll never agree to it.
    urs sinserly,
    ~~joosy jeezus~~
  • Clive_Woody
    Clive_Woody Posts: 5,944 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Could we get a Poll on this thread please, I think that would make it more dynamic?
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein
  • pvt
    pvt Posts: 1,433 Forumite
    JuicyJesus wrote: »
    Unlikely though, especially since having to pay any of the debt back at all is clearly not in the interest in the ex, so he'll never agree to it.
    There's two sides to every story. We don't know the ex's position, he may feel that he is only obligated to pay half the money, and won't pay any unless that is agreed up front. And banks will quite often agree to split a joint loan in this way because both parties are saying "I'll repay my half, but not if I still remain liable for the other half."
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • pvt wrote: »
    T And banks will quite often agree to split a joint loan in this way because both parties are saying "I'll repay my half, but not if I still remain liable for the other half."

    Do you have evidence of this happening 'quite often'? It seems an odd thing for a bank to increase it's risk by splitting the debt.
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein
  • ChopperST
    ChopperST Posts: 1,257 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you have evidence of this happening 'quite often'? It seems an odd thing for a bank to increase it's risk by splitting the debt.

    Beat me to it.
  • Clive_Woody
    Clive_Woody Posts: 5,944 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    ChopperST wrote: »
    Beat me to it.
    :dance:

    I always like to see claims backed up with evidence, particularly when they contradict the general opinion on here.

    :money:
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein
  • I am afraid that this young lady has dug herself into a hole.

    Digging up mud to throw at the bank, debt advisers and posters on this thread is only going to make that hole deeper.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Do you have evidence of this happening 'quite often'? It seems an odd thing for a bank to increase it's risk by splitting the debt.

    Banks will negotiate lump sum settlements from individual parties if they consider it to be the way to obtain optimum recovery. As the debt is one factor. The other is the potential cost of ongoing debt recovery and administration.

    So best course of action maybe to open dialogue with the bank with a view to a compromise, i.e. accept liability and move on.
  • Thrugelmir wrote: »
    Banks will negotiate lump sum settlements from individual parties if they consider it to be the way to obtain optimum recovery. As the debt is one factor. The other is the potential cost of ongoing debt recovery and administration.

    So best course of action maybe to open dialogue with the bank with a view to a compromise, i.e. accept liability and move on.
    Sorry but with Joint and several liability they do not need to compromise - they can go after one or both - they don't care if one person has half the money or not.
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