Author Topic: Joint and several liability  (Read 634 times)

dd1

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Joint and several liability
« on: May 27, 2011, 10:59:24 AM »
Does anyone know if one party to a joint and several liability loan can take the other party to court if they refuse or claim to be unable to make repayments?
 
My ex wife and I have joint and several liability for a £100k secured loan and she is not making repayments so I have had to pay her share to avoid having the house repossessed. Can I take her to court for her share of the repayments paid so far? this is approx £10k
 
Thanks

James Falla

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Re: Joint and several liability
« Reply #1 on: May 27, 2011, 11:23:59 AM »
Hi dd1
 
In terms of the Consumer Credit Act there is no question about your liability for the loan and as such I would not think that there would be grounds for you to take action against your ex on that basis. Whether or not you have any case based on any other area of the law I am not certain. I think your best bet would be to speak to a lawyer specialising in marital law. They may have some experience in this area.
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