Counter signing a loan

Sunshine94

Hi all,
a few years ago my ex-partner and I took out a loan to consolidate our debts. Although the loan application was made in my name only he signed the application to say his wages should be taken into account for the loan and its repayment. A few months later we separated and agreed that I would continue paying the loan until he had sorted himself out and then he would also start paying for, what he acknowledged, to be his share. He has now since changed his mind and said he's not going to pay anything towards it. Is there anything I can legally do about this? Any advice would be greatly appreciated!

[Deleted User]

If the loan is in your name, then no, unless you have a proof of a separate agreement between the two of you.

TBagpuss

You need to double check the wording of the original agreement and/or contact the loan company, to check whether he has any liability.

Assuming he has not, then your only option would be to make a claim against him personally - you'd have to satisfy a judge, on the balance of probabilities, that there was an agreement that he would repay or indemnify you for his share of the debt.

Do you have any evidence (bank statements, other paperwork) showing how the loan money was used? Or anything (including e-mails or texts) from your ex confirming the agreement between you?
In the period after you took out the loan but before you separated, was he paying towards it, and do you have proof of that?

Any of those things would help to show that there was an agreement that he would contribute.

It may be worth you sending a formal letter before action to him.

Sunshine94

The loan repayments originally came out of our joint account and before we split up we entered a joint IVA which included this loan for which I still have the paperwork. Following the split I was left with the majority of our debt as it was in my name. Seemed easy to have credit in my name as I was the one paying bills etc.... huge lesson learnt there!!
Anyway, as you suggest, I'll get in touch with the loan company and see what they say.
Thanks for the advice.

Gaz83

Sunshine94 wrote: »

The loan repayments originally came out of our joint account and before we split up we entered a joint IVA which included this loan for which I still have the paperwork. Following the split I was left with the majority of our debt as it was in my name. Seemed easy to have credit in my name as I was the one paying bills etc.... huge lesson learnt there!!
Anyway, as you suggest, I'll get in touch with the loan company and see what they say.
Thanks for the advice.

If the loan is solely in your name, they will say "tough, pay us what you owe".

CLAPTON

Sunshine94 wrote: »

The loan repayments originally came out of our joint account and before we split up we entered a joint IVA which included this loan for which I still have the paperwork. Following the split I was left with the majority of our debt as it was in my name. Seemed easy to have credit in my name as I was the one paying bills etc.... huge lesson learnt there!!
Anyway, as you suggest, I'll get in touch with the loan company and see what they say.
Thanks for the advice.

you need to look at the original document : was there any actual reference to him?

if you entered a IVA then surely the loan is now paid off?

Sunshine94

Yes, he signed the original loan document saying that his income could be taken into account for the loan and its repayments.
When we separated we couldn't stay in a joint IVA so I had to get a DMP on my own.

Gaz83

Sunshine94 wrote: »

Yes, he signed the original loan document saying that his income could be taken into account for the loan and its repayments.
When we separated we couldn't stay in a joint IVA so I had to get a DMP on my own.

But the loan is in your name only, correct?

MKonrad

Did he sign the documents where it clearly states that he will take part of repayments?

Arleen

Contract wise you are almost for sure out of luck and have to pay up as long as it's in your name and your name only.
What you can do is sue him in civil court for his share of the loan (for sure not the whole thing as it was joined), but before you do make sure that you have some proof that it was a joint loan. Just him saying "I will help you pay it" or even making some payments is not enough because it is that - he wanted to help and he doesn't anymore and he is allowed to change his mind. So search through your emails/text/phone call recordings and see if you can find something that will make him liable.

Sunshine94

Yep, in my name only It's looking like its a small claims issue now.

Thanks for all of your advice, it's been useful