partner's bank loan

[millercc]

hi all.

my partner took a bank loan out with her ex (whom she is still legally married to).

this loan has been unpaid by her ex, and she has now been contacted by the original creditor asking her to "pay half of the debt as she's liable for half of it".

having taken an income and expenditure statement from her, the results were an £85 per month defecit and they proceded to ask her to pay £95 a month.

my question is, am understanding joint and several liability correctly, that if she pays ANYTHING onto this account even a £1 she is liable for the WHOLE debt? if not, can we ask the creditor to split the account so that she can't be summonsed for the full ammount, or ask them to split the loan into two accounts?

this was taken from a joint bank account, however the paperwork was originally as we understand it for the credit agreement signed for by ONLY her.

i'm really hoping that they've shot themselves in the foot with this one, and made it an illegal collection by suggesting that she is only liable for half the debt and therefore an invalid collection order.

thanks :-)

[leclerc]

Re: partner's bank loan

Has the creditor put in writing that they are liable for half the debt?
If not ask them for that in writing so that once that half has been paid that there is no recourse to the courts to recoup the whole amount in total.
They can't split the loan in two unfortunately.

You need to clarify is the loan is in JOINT name or solely in HIS name. Ask for the loan paperwork copy that they have.

[millercc]

Re: partner's bank loan

ok thanks. do we have to provide a payment for the paperwork? if so, whats the maximum that they can charge?

[leclerc]

Re: partner's bank loan

Ask them politely in writing just so that there is clear and unequivocal evidence and paperwork(see if they will do it for nothing but if you have to pay anything for paperwork maximum would be £10 under a SAR). Do not pay until you have the paperwork and confirmation of what has been verbally said and make them aware that you are requesting this so that you can confirm that the loan is in joint names and that the half the loan payment is correct. Ask for a list of payments made to the loan and how much they have calculated half the payment amount to and how they came to that sum as you require it for your paperwork(at least make them work for it ).