kamslater

Hi.

My aunt has a joint mortgage and a joint loan with her partner. The said partner then met someone on the internet and left my aunt, he has now moved to Canada and let her with both the mortgage and the loan to pay. Is he allowed to move to Canada with the responsibility of these debts.

Thanks

K

G586

The loans may be in both names but she is responsible for the loans if her partner left as the bank can pursue either party for payments.

She needs to go see someone at a CAB or similar...

kamslater

thanks for that. I think though that she is more interesting in finding out whether she can throw a spanner in the works and get him thrown out of canada for having these debts in his name

Twink001

Hi,

Best bet would be legal advise.....
Revenge is a dish best served COLD......

Wish your aunt good luck with it all - hell have no fury, like a woman scorned - as they say!!


Mrs Twink

G586

She needs to sort out the house ownership anyway. Unmarried couples have real problems when it comes to stuff like this as there is no divorce procedures to go through so it is harder to sort stuff, particularly when one party has done a bunk.

MB-Realtor

i doubt she could get him thrown out of Canada for a civil debt.

BUT debts can be enforced between the UK and Canada, she could pursue him through the Canadian Courts for his share of the payment.

BUT its expensive, and time consuming, and if he has no assets a complete waste of time.

Legal advice is called for.

dingbat

Your aunt will not get the man kicked out of Canada for these debts. The Canadian authorities will do nothing to assist, trust me.

destinationnovascotia

If he were my partner I would take some satisfaction from knowing that he was living on another continent. I would go after the money but I certainly wouldn't want him back in the UK.

bootlecat

The biggest problem is that they are joint loans. In the eyes of the bank he is not liable for the repayment. Actually not quite true.

They both are liable - the default standpoint
He is liable
She is liable

The thing with all loans is that they have a statement "join and severable", in other words the bank will try to service the debt via the joint method, however if this is not occurring they are entitled to pass the whole responsibility on to just one partner. In this case they will pass it to your aunt as they will have more headaches getting money out of someone outwith the country.

Your aunt needs legal advice to start legal proceedings against her partner, then maybe the UK courts will grant her a claim to his income, of course if he has none then they can't do very much, except for maybe order the transfer of the assets into her sole name so at least he can't come asking for "his half" in the future.

If they had been married you have many more options through the divorce courts.

kamslater

Thanks for all your answers, I think she will just have to forget about the creep and get on with her life

FlirtyKnickers

She better off without the creep ....plenty more fish in the sea so to speak

Prairie Pete

Interesting !!!! What makes you so sure the Canadians will do nothing to assist in this or other situations like this? I am being pursued by the Inland
Revenue for overpaid Working tax benefits. They have threatened to take legal action! Can they enforce this? It was there mistake that benefits were overpaid to me (no fraud involved/no crime commited) they miscalculated my income! How do I stand?

Prairie Pete......

Biiiiink

That's different than being jointly/severally liable for a mortgage though, isn't it? I don't know but I'd think there is a good chance that could be recovered from you in Canada.

In order to enforce foreign judgments, it is necessary to bring an action on the foreign judgment or to start a fresh action. An exception is provided under the Reciprocal Enforcement of Judgments (U.K.) Act which allows for the reciprocal recognition and enforcement of Ontario and U.K. judgments in civil and commercial matters.

http://www.creditedu.org/leg_article...Collection.pdf

JonboyE

I don't think the question of no fraud or crime matters. You say you were paid money that you were not entitled to. Why not just pay it back so someone who needs it can have it?

bootlecat

You are liable for the debt, overpayment is never an excuse for entitlement, by that I mean, just because they paid it in error doesn't make it yours.

It is your responsibility to return any overpaid funds immediately, if you can't afford it then you need to get in contact quickly and sort out a repayment plan.

Oh and then important issue here is the phrase "they miscalculated my income". They can't do this, or rather it is your responsibility to confirm they are correct, in UK tax law it is the individuals responsibility to inform the government of any and all earnings. If you haven't then you are the one in the wrong not the government.

The tax treaties between Canada and UK allow for the debt to be recovered from here, and I think they can even make an atatchment to your Canadian earnings.