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Hi everyone, I signed to be guarantor on a loan with an ex girlfriend in 2015. We have been separated over a year and I have been contacted by the loan company saying she has defaulted and I need to pay. This is a student loan company (future finance) that the loan was taken out with. I have challenged the loan with the company and been shot down. I have now challenged with the financial ombudsman who are investigating. My grounds are in a few areas. I was under emotional and financial pressure to sign in 2015. My ex suffered from depression and health issues and this loan was her way of not falling apart, I felt I had to help. Financially I was only income so felt pressure to help. I also believe she should never have been given the loan in the first place due to vulnerability. I am looking for general advice etc but also I have been accused by her of harassment. I am simply trying to get as much info as I can off her. I don’t know how her finances look. How am I to know if she can’t actually pay? She could be lying? She has had a mental and physical breakdown so does not want to hear from me. I am in complete limbo with no info and pressure to pay from the finance company. How much can I push for info and how? Thanks all*
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Sorry, that makes it sound like i have been pestering her. The reality is when I first found out that she has defaulted, I emailed asking to discuss options and she said we could talk in the new year. Then the new year came and I asked again, but she ignored my emails. So I messaged again at the start of February and got the response to never contact her again or else she’d have me done for harassment. I have made contact a total of roughly 5 times in 3 months. I just want to know if she is lying and what her financial problems are and if she will be in a position in the future to start paying again.* -
You can't force it out of her unless a court orders her to do so.
Guarantors are entitled to recover the sums paid by them from the debtor, so if the matter does end up with legal proceedings being issued, then you can join her as a defendant and seek judgment against her based on what is being claimed by the company.
You can either pre-action or post issuing of legal proceedings make an application to the court seeking an order for her to disclose certain information. Either way, it will cost you to get that from her.
If she's said not to contact her again then I wouldn't bother unless or until you are at a stage where you want to involve the court.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Hi Rob, thank you for your time in replying. Really appreciate it. Frustrating position when I have no info from either end and just waiting so this helps a lot. Thank you. I assume trying to get money back from her if I have to pay the Loan off would be some through small claims court? Would you have any advice on things I should be doing now in advance of such a step? Evidence gathering etc?*Comment
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