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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1100
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am islamically married. I had taken out a loan on my name

Customer Question

I am islamically married. I had taken out a loan on my name for my husband. At the moment he is paying the monthlys and not been late however he has said that if we were to divorce or seperate then he would no longer pay it, and would deny me taking out the loan for him.
If i was to write up a contract which he signed would it stand up if he was to stop the payments.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer.
I am a Solicitor and will assist you.
Please can you confirm:
- you are islamically married - but not legally married?
- how much was the loan? when was it taken out and how much is left to pay?
Kind Regards
Caroline
Customer: replied 2 years ago.
Islamically, but not legally married.
The loan was for £11,000. The total payable was £14,000.
There is rpughly around £9500 left to pay
Regards
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for confirming this for me.
If your were to separate and your ex was to stop paying the loan then you firstly write to him settling out that if the money is not paid then you will go to court. You should explain that you are giving him 14 days otherwise you will make an application to the court.
If the payment doesn't come then you should issue proceedings in the county court.
There are 2 ways to do this:
1)completing form N1 and taking it to your local county court
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
or
2) online at www.moneyclaim.gov.uk
The claim will then be issued by the court and a copy would be sent to your ex. Your ex would only have a limited time to defend your claim and if he didn't you could then enter judgement against him and seek enforcement.
You need to obtain evidence to support your case that the monies went to your ex - bank statements will help prove how the money was spent / withdrawn. If your ex signs something now to confirm that he had the loan monies then you can attach this to your claim - if he doesn't -don't worry as you can still make a claim anyway.
In the meantime you should continue paying the loan, as it is in your name, so that the creditors don't seek to recover the money from you.
As the claim is less than £10k - you don't need legal representation and it will be dealt with as a small claim.
Kind Regards
Caroline
Please kindly remember to rate positively. No credit is received for our work unless positive feedback is received.
Customer: replied 2 years ago.
I dont have proof that the loan was taken out for him. It was to buy a car and we withdrew the full amount from my bank account. The car was sold privately to him
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
You just need to state all the times and dates in your claim form. When the loan was taken out - when the car was bought.
If he doesn't respond to your claim then you can enter judgement anyway.
Kind Regards
Caroline
Please kindly remember to rate positively.
Expert:  ukfamilysolicitor replied 2 years ago.
Please kindly remember to rate positively so that we get credited for our time. Happy to discuss further if you need any clarification.