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URGENT ADVICE NEEDED

(137 Posts)
jessicasmummy Sun 16-Jan-05 19:36:26

Sorry this may end being quite long...

when my DH was with his ex girlfriend she took out a loan in her name only on a joint account they had (DH in Kosovo at the time) as their joint account was seriously over drawn. Since DH and his ex split, he has been paying the loan repayment each month. We havent been able to afford it in december or indeed in january... christmas etc, and she is now phoning threatening legal action. My view was that she hasnt got a leg to stand on because she is the one who holds the loan so to speak. I also feel that if it was on a joint account surely she should be responsible for half the loan amount anyway.
Can anyone help as DH has got to phone the phsyco woman back tonight to sort things out and tell her where we stand..... PLEASE?

Amanda3266 Sun 16-Jan-05 19:41:01

Hi jessicasmummy,

I am no expert here but as far as I can see, if the loan was taken out in her name then she is responsible for the repayments. However, if it was taken out to cover an overdraft contributed to by them both then your DH may feel obliged to add half the repayments each month but I cannot see why he is responsible for all of it.
The short answer is that it's in her name - she is responsible for the repayments. She needs to ring the bank (or whoever she got the laon from) and come to an arrangement with them regarding repayment if she cannot afford to make the repayments herself.
If it goes to debt collection then as far as I can see it'll be her they chase - not your DH

HTH

Mandy

jessicasmummy Sun 16-Jan-05 19:42:08

Thanks amanda... hopefully someone with a legal background can advise on that side of things but great help!

lilsmum Sun 16-Jan-05 19:44:35

if its only in her name and not his its nothing to do with him, it doesnt matter what account its paid out of i wouldnt think, tell her to sod off!!!!

can he not close the account?or get his name off?

jessicasmummy Sun 16-Jan-05 19:45:16

well at the minute, we pay her the amount into her account, and the loan is paid out of her account

zebra Sun 16-Jan-05 19:47:00

Am not a legal eagle.. but my guess is that either your DH or his ex are liable & can be demanded & chased to pay the whole amount... I am baffled what legal action she could possibly bring against him, though. Does she think she can sue him for not paying? But the loan isn't owed to her (is it?). It's owed to someone else, who can possibly sue her or your DH for the full amount.

lilsmum Sun 16-Jan-05 19:48:55

jessicasmummy, sod that!!! she doesnt have a leg to stand on, and she is seriously taking the mick!!! god i wish i could get someone to pay my loan for me. if it just in her name tell your dh not to pay another penny!! she is solely responsible. x

jessicasmummy Sun 16-Jan-05 19:49:17

to make it clearer.... she took out a loan with lloyds tsb and the money was credited to their joint account, also with lloyds. Since DH and ex split, he has paid full loan amount into her account, and the loan has been paid out of her account also. THerefore if loan not being paid - her fault. She wants to sue us for not paying her the repayments, yet there is no paperwork linking my DH to the loan, other than the fact it was deposited into their joint account

hercules Sun 16-Jan-05 19:50:52

I cant see how he can be liable if he never signed anything to do with it.

Amanda3266 Sun 16-Jan-05 19:51:19

jessicasmummy

she doesn't have a leg to stand on. Is she seriously suggesting sueing him for not making HER loan repayments. What planet is she on?

jessicasmummy Sun 16-Jan-05 19:52:00

i know... but that is what it has come to. her threatening phone calls are really getting to me and for some reason, she only wants to talk to me!

hercules Sun 16-Jan-05 19:53:32

Why did she take the loan out? Was it for both their benefit?

jessicasmummy Sun 16-Jan-05 19:54:00

Yes it was for both their benefits... joint account over drawn

weightwatchingwaterwitch Sun 16-Jan-05 19:55:20

What counts is the name the loan agreement was in. If it was in her sole name then it's her responsibility. It doesn't matter where the money was paid or why it was borrowed etc. If the loan was in her name only then she only is liable. If it was in joint names they are jointly liable. However, it sounds to me as if he has a moral obligation to continue to make some payments since presumably he also had the benefit of the loan at the time? She couldn't easily take any legal action against him if the loan is not between the 2 of them - Zebra's right, afaik since the agreement is between her and the loan company. If I were in her position I'd be pissed off too though - where is she supposed to find the money from if he suddenly decides not to pay his share?

jessicasmummy Sun 16-Jan-05 19:56:43

difference being she is a kid who lives at home with mummy and daddy yet DH has me and his 6 month old daughter to support... and he has paid his half....

Amanda3266 Sun 16-Jan-05 19:56:56

I assume that as you are getting these calls from her that it's her they've written to - that is your proof that your husband isn't liable otherwise they'd be chasing him too.
How much longer is there to go on the loan and how much of it has your husband paid? If he's paid it for a good while then surely he's paid his bit and she needs to make a contribution now.

Will she not accept this said nicely and reasonably. Where does she think you're getting the money from. I can understand your DH feeling partially responsible for it but he shoudn't be paying it all surely.

weightwatchingwaterwitch Sun 16-Jan-05 19:57:10

Is she working? Does she have children? I'm only being nosy, you don't have to tell me.

hercules Sun 16-Jan-05 19:57:18

In that case, I think he should pay. It seems unfair otherwise. I dont know the legality of it though.

jessicasmummy Sun 16-Jan-05 19:59:02

thanks amanda... you're right. we have been paying the loan for 3 years, due to run until 2007.... i feel he has been paying unneccessarily and we should now cease all apyments. from what i can gather, she has been making the payments to the loan company but is just pissed she isnt getting any cash from us

jessicasmummy Sun 16-Jan-05 19:59:45

she is working full time and has no children or anything...

hercules Sun 16-Jan-05 20:01:51

If he has already paid half then i dont see why he should continue to pay.

zebra Sun 16-Jan-05 20:02:41

Jessica'my - -it does sound like he has done more than his fair share. Just had another thought...whether she can take him to court might depend on what he's said to her... he may have said that he would pay it all back, or she might claim that the overdraft was only so big because of his wasteful spending. I'm not sure how those sorts of situations get sorted in civil law (probably with elastic bands & chewing gum, to be honest)

jessicasmummy Sun 16-Jan-05 20:04:13

yeah i guess so. but surely it would be his word against hers as there is no paperwork to link him to the loan. it was used to pay off an overdraft he had contributed to but at the end of the day it is a joint account

hercules Sun 16-Jan-05 20:05:22

How much of the overdraft was his doing?

jessicasmummy Sun 16-Jan-05 20:06:25

couldnt say - he was in kosovo so wasnt aware of what he was spending versus what she was

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