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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband and i took out a joint loan which was secured on

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My husband and i took out a joint loan which was secured on our home. In 2007 he left the home and i then realised that he had not kept up the payments for sometime and then the company took us to court for repossession which he did not show up for and i was given a month to get up to date with payments or they would repossess. My mother paid the arrears and for the next 8 years i paid 350 a month until the loan was eventually paid up. However the company has realised that they owe me 1300 for overcharged interest. But have paid half of this to my ex husband who had not had anything to do with it since he left in 2007. Company said cause his name still on account they had to. Despite a number of calls to them over the years stating he did not kive at the property anymore. They magically traced him to give refund but could not do it to help pay for debt. Can i claim this refund back from ex?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Yes you can.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you. I will follow this advice but in the past i have sent letters to him and he puts not known at this address on it. Even though he lives there will that matter?
Expert:  Ash replied 1 year ago.
Makes no difference,
Alex.
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