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Re A County Court Judgement in The AnswerBank: Law
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Re A County Court Judgement

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davidmarsden | 13:25 Tue 08th May 2018 | Law
4 Answers
my wife took out a loan over twenty years ago with alliance and Leicester.i had to give up work due to ill health and my wife made arrangements to repay the outstanding debt.my wife then passed away and I then got letters from the a&l about repayments. I questioned that I thought my wife took out the loan solely in her name.the a&l then sent me a letter showing two signatures but mine looked a bit unusual.i have just found a county court judgement letter but it is only in my wifes name.if it was a joint loan should the judgement be in both names?
the c.c.j. was in 1999.
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Almost certainly there will be a "joint and several" clause in the loan agreement. This will give The A & L the right to sue you for repayment either jointly or individually. Therefore the fact that the loan may be in both names does not mean that the A & L couldn't take action solely against your wife if they had so desired. Therefore the judgment could be in just her name (or both names)

Presumably also the signatories on the loan agreement were witnessed?

Were you a party to the loan or a guarantor? What type of loan was it? Was it secured on property?

Just on the off chance that the loan was in her name only, death does not necessarily mean that the outstanding debt gets wiped.
Your wife's estate is still responsible for the debt. If your wife has any assets these should be first applied to pay for the funeral expenses, then the creditors and only when all the liabilities have been repaid can her assets be distributed to her beneficiaries.



I endorse jj109's post. Even if the loan were in her name only they could recover from the estate if there was any.
Have you heard nothing since the 1999 ccj?
If the loan was solely in your wife's name, the the amount is recoverable from her estate (is she left anything). If it was in both names it will be join and several. If you are suggesting you know it was solely your wife's loan and you never signed agreeing to it ( that she might have done so without your knowledge, or that for some reason the loan is in some way corrupt for other reasons) it's not recoverable from you. If the CCJ is in your wife's name alone tell them that and tell them you never signed anything and see where it goes form there, if that is the case.
I have just seen your 2017 re your ppi claim on this loan and note you have been repaying it for the last 20 years. Was this based on the ccj. Are you now looking to challenge it?

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