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Jamie-Law
Jamie-Law, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 18780
Experience:  Solicitor
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I had a business that went into liquidation myself and my ex

Customer Question

Hi I had a business that went into liquidation myself and my ex wife had a guarantee on the bank overdraft. The bank has taken me to court and Won I have an arrangement to pay them back. My question is can I take my ex wife to a small claims court for half of the dept because her name was on it as well?? Thanks
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: Nothing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you
Submitted: 16 days ago.
Category: Bankruptcy Law
Expert:  Jamie-Law replied 16 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 16 days ago.

You can. I assume you were joint and severally liable for the debt.

Assuming the Bank does not have Judgement against your ex, you can issue proceedings.

You need to write a letter, set out your losses and request payment within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not pay 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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?

If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 16 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 16 days ago.
Thanks for the response, What would I need to send to the court? and how would I word the statement to the court?
Regards
Mike
Expert:  Jamie-Law replied 16 days ago.

You would issue proceedings online Mike.

Then if defended you send a statement later.

Does that assist?

Customer: replied 16 days ago.
What would I put in the statement letter, what would my legal reason be to go after half the money from my Ex wife. Also if I am paying it back monthly and have arrange this with the court, would there be any argument of me going for the full half even though I have not paid it yet? or would I need to state any money from her gets paid to the bank?
Thanks Mike
Expert:  Jamie-Law replied 16 days ago.

You would just say you want 50% of it back Mike.
That is all you need to say.

Does that clarify?

Customer: replied 16 days ago.
even though I have not paid it all I can still take her to court for her half?
Thanks Mike
Expert:  Jamie-Law replied 16 days ago.

Correct Mike

Customer: replied 16 days ago.
Thanks very much
Expert:  Jamie-Law replied 16 days ago.

My pleasure