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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning...my question..my now ex partner took out a loan

Customer Question

Good morning...my question..my now ex partner took out a loan of £25k to help finance the start up costs involved in a pub we had intended running together and i also put in the same amount although in principal the loan was taken out on my behalf.The loan was initially serviced through the business.After we disposed of the pub i continued to repay the loan amount each month until last year when i could no longer aford to do so. Our relationship finished last year. Am i legally responsible for the loan which was taken out in her name although the early repayments came out of the business which i continued to pay after we left the pub. She has now issued a county court claim against me for the outstanding loan balance.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
Just to check - you are accepting that the loan was taken out on your behalf?
How much is outstanding and how much longer will it run?
Claire
Customer: replied 3 years ago.


It could be said that the loan was taken out on my behalf although it could also be argued that as my x partner moved into the pub that it was a joint verbal agreement with both of us putting in £25k. The amount outstanding is £21731.67...30 payments of £444 have been paid against the original £25k. It has probably another 2/3 years to run. Thanks.

Expert:  Clare replied 3 years ago.
Hi
Was any partnership agreement drawn up in respect of the business?
Claire
Customer: replied 3 years ago.


No, none at all.


 


I shall be away from my laptop now but can receive on my phone.

Expert:  Clare replied 3 years ago.
Hi
This will be about which evidence the court accepts.
If the court believes that the loan was taken out on your behalf and on the basis that you would repay it then you will have to pay your ex - although you can offer to simply maintain the ongoing payments
However if they beleive your evidence then obviously you will be free of debt.
If I can be of further assistance please ask
Claire

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