Financial dispute with ex.

willow1983_2

Looking for advice. I am still financially tied to an ex of mine. We have an unsecured loan together. The issue is he has never paid anything towards this loan since we split in 2008. I have tried on several occasions to come to a reasonable solution to the matter but to no avail. He now had a mortgage as do I so I have tried again to get him to pay half of the loan payment but he is refusing. Solicitors in past didnt seem too bothered so I have just carried on paying the loan as I dont want to be blacklisted. My question is would it be worth taking him to a small claims court for non payment or am I wasting time and money. Any other advice would be greatly appreciated as I am at the end of my tether now.
Thank you.

tacpot12

The following suggests that it is not worth taking him to court over this as you would lose:
https://www.moneyadviceservice.org.uk/en/articles/taking-out-a-joint-debt-or-loan-what-you-need-to-know

The key sentence is "By signing a credit agreement (a contract) for a loan or overdraft with someone else, you’re each agreeing to pay off the whole debt if the other(s) can’t – or won’t pay."

So you have already agreed to pay, if he won't pay, and unfortunately you can't go back on this.

willow1983_2

So basically what s been said is there is notging I can do? My ex had his own previous debt paid off and then left me with a rather substatial loan which I have paid because at one point it was attached to our mortgage. He now has his own mortgage and debt free whilst I have my own mortgage but paying his debt and just about kerping my head above water each month as a single parent with 2 kids. How is this fair?. Any suggestilns?
Thanks

hazyjo

Contact them and see if there's any sort of payment plan that they might accept?

neneromanova

There's no harm in taking him to small claims court.



Depends if you have proof of what the loan was spent on and if you have any proof they said they would pay half or not.



It's worth a try for a smallish fee isn't it and you just represent your self.


https://www.gov.uk/make-court-claim-for-money/court-fees

tacpot12

neneromanova wrote: »

There's no harm in taking him to small claims court.

...

I would say that there is harm in going to court, if the prospects of winning your case are very low. Court is a stressful and costly process, even using Money Claim Online.

Smellyonion

The contract between yourselves and the loan company is different to the contract for him to pay you half of it.


Do you have proof of the latter?

tacpot12

willow1983 wrote: »

So basically what is being said is there is nothing I can do? My ex had his own previous debt paid off and then left me with a rather substatial loan which I have paid because at one point it was attached to our mortgage. He now has his own mortgage and debt free whilst I have my own mortgage but paying his debt and just about kerping my head above water each month as a single parent with 2 kids. How is this fair?. Any suggestions?
Thanks

It is fair in that you had the opportunity when you agreed to the joint loan to investigate what a "joint" loan meant, and you signed up to agreement freely. You also knew that relationships can and do breakdown, so there was always the risk that you would be left carrying his debt, and you agreed to this. A court can help you enforce your rights, but can't help if you have freely given up these rights.

How much was left to pay on the loan in 2008 and how much is left owing now?

gingercordial

Do you have anything from him in writing which says what the loan was for and that he intended to pay at least half of it back?

willow1983_2

I was 23 at the time and he was 33. I was naieve enough to think the man I was in a relationship would be reasonable and in the event of a breakup would take the same responsibility for loan as did. I am not asking for the loan to dissapear and me waiver any rights. I am asking how is it morally right that a person can sign a joint loan accepting joint responsibility then walk away without paying a single penny knowing fine well part of the full amount borrowed was to pay off his existing debt so we could get a mortgage. I was the bigger person and continued to pay the loan as I didnt want to be blacklisted but being the bigger person has put me now in a poor financial state whilst he is debt free.

elsien

Morally right and legally correct are two different, and morally right doesn't win you a court case.
You could stop paying as well and trash both your credit history but you may prefer not going that far.