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Can joint debt be put into one person's name?

  • Lobstergirl
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04 Apr 09 #104824 by Lobstergirl
Topic started by Lobstergirl
Hi,

Don't know if anyone can give me any help with this - here's the stuation:

I was living with my ex-fiancé (never married, no children) for 7 years with joint ownership of our home. While we were together, he applied for a loan for his car (which he still has) but asked me to go on it to improve his chances of getting the loan, as he has had problems with credit in the past - I didn't see any problem with this at the time!

Following our split, we split profit from the sale of the house equally with the understanding all joint debt would be paid off. He said he would naturally take responsibility for the loan for his car and pay it off with the profit from the sale (there was plenty left over to do this).

However, after doing a credit check on myself, I found the loan hadn't been paid of and was in default. I contacted the loan company and the debt collection agency/solicitors and told them the situation and gave my details. They had no contact details for him (he got rid of his mobile and moved to abroad and apparently had no land line at his new home!), so of course, they persued me for the debt.

After contacting his family and giving their telephone numbers and addresses to the debt collection company/solicitors, he finally got in contact with me and said I wasn't to worry he'd pay it off and explain the debt was his so it wouldn't affect me.

However, I received a letter saying he's agreed to a payment plan of £10 a month - to pay off £12000. I contacted the company/solicitors and was told that until the debt is paid in full, I have a default on my record which will stay on for 6 years - or until the loan is paid in full. I was hoping to get a mortgage this year, but imagine this will make it difficult with a default against my name.

I contacted my ex and told him that his debt will affect my chances of getting a mortgage - or any other credit (not that I want any apart from mortgage) for 6 years, unless he pays it off - as agreed. He said he was unable to pay off the debt and that he used the rest of the profit from our house sale to move abroad. He says he is unable to sell the car as he had to sign something to take it abroad which means he can't sell it? Don't know what he means to be honest. He said he will pay more in the future when he gets himself straight.

He's already earning over 50,000 and gets his house with his job and has no dependents, so it's feasible he could pay more. However, he was also earning decent money when I was with him, but continually ran up huge debts through his lifestyle and missing even small payments. So I think it's highly likely he'll miss payments on this agreement also and think it's unlikely he'll pay it off before the 6 years.

He insists it'll be fine as he'll send a letter to the solicitors and Experian saying the debt's his responsibility so to take me off it, but I don't think that will make any difference from what the solicitors said.

Is there any thing that can be done to get rid of the default against my name without the debt being paid off so I can get a mortgage and finally move on?

Any help very much appreciated.

  • D L
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05 Apr 09 #104943 by D L
Reply from D L
I am afraid not. The only way to have your name removed is with the consent of the loan company, who are very unlikely to remove it given that it is already in default and that your ex is now abroad.

Amanda

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