Joint loans and de-linked accounts

rmg1

Hi all

I had two bank loans in joint names with my ex-partner.
She's done a runner to the USA and I'm left paying the entire debt.

I've managed to come to an agreement with one of the banks where I paid them a lump sum (not quite the entire amount), and we've agreed to part company with account marked as "partial settlement".

The total debt (including interest) across both loans was £49k and I've managed to get it down to around the £19k in total.

One the "partial settlement" account, the outstanding is around £2k with the rest on the other loan.

Two questions:-
With one of the loans still being paid off, can we be de-linked on Experian (and the others)?
As she hasn't paid a penny towards the loans since her disappearing act, can I somehow claim her share from her or make her pay her share (with the remainder coming to me as I've paid off my share and some of hers)?

Any help on this would be greatly appreciated.

Arleen

You are both jointly and separately liable for them as far as lender is concerned, so you cannot argue "splitting it" with them. They will simply chase the one who can pay them.

You could sue her in civil court if you can prove that she is liable for part of those loans, but given her relocation to USA it will be most likely !!!!ing money into the wind.

GingerBob_3

You'll have to tell the chumps at the CRAs (there's three - yes three of them!) to delink you. Their 'systems' aren't up to working out if a financial link is valid, so they just assume it always is, and always will be.

[Deleted User]

If the account is settled, then you can disassociate, but not if it is still being paid.

You could attempt your own legal action against your ex, but given she's in the States, I think it would be more money down the drain.

rmg1

I have a contact address for her over here (and I know they'll pass the post on) so that may be a choice.

Is there any limit in civil court for the maximum I can chase her for?

Arleen

There isn't, but the more it is the more expensive it gets as you will not be able to do it via small claims. You have to remember that getting an order for her to pay is only step one, getting her to actually cough up the money is a whole different story.

Given debts size, it will be well worth to spring 300-400 quid for a solicitor experienced in debt recovery from overseas if you want to pursue it.

rmg1

I'm assuming, then, that (if) when I win, she'll be liable for that cost as well?

I'm thinking a call to CAB might be a good start.

Surely, if I get the order and she doesn't pay, she's in breach of a court order and is then legally liable for something?

Arleen

rmg1 wrote: »

I'm assuming, then, that (if) when I win, she'll be liable for that cost as well?

Eh, depends. To be awarded court costs it usually would have to be obvious that the case was unnecessary and that the second party was clearly wrong. If they trully had a valid defence, then you are looking at splitsies or other arrangement as judge see fits.
As for other costs, in debt chasing, that is usually a no or you can be granted strictly limited amounts for specific items This, again, falls under judges discreetion.

rmg1 wrote: »

I'm thinking a call to CAB might be a good start.

Can't hurt and it's free. But most likely they will point you to needing a solicitor or hiring a debt collection agency.

rmg1 wrote: »

Surely, if I get the order and she doesn't pay, she's in breach of a court order and is then legally liable for something?

She is liable for the court order, but that is about it. If you go to execution then you may be able to tack some of its costs on top of that court order. But there will be no other consequences as your claim is for the money owed, and if you are awarded that it exhausted your claim.

This is not to be considered as legal advice in any way shape or form, or even quick lesson on any specific law. Just an overview how it works in States and UK, to be taken with a grain of salt as details will depend on where you will fill the lawsuit.