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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Some 2 years ago I took out a loan in my name son and

Customer Question

Some 2 years ago I took out a loan in my name for my son and his partner for 20,000
They agreed to pay me back monthly so I could pay off the loan.
Last October they split up and my son moved out of the property that they hold in joint names
The property is in negative equity
Before moving out they both agreed to continue paying the loan off monthly
My son is paying his half of the loan
But his ex partner is refusing to pay her share
I have a signed note from her that was witnessed to say she would continue to pay her share until the loan was paid off
His ex partner still lives in the house
Can you please inform me the best way to go to obtain this debt
I live in Liverpool
Many thanks Margaret
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What was the money used for and what income does she have?
Customer: replied 10 months ago.
For new windows and re-roof the house no idea of her income
Expert:  Clare replied 10 months ago.
Hi
Ok - but is she actually earning - does she have money to pay you?
Clare
Customer: replied 10 months ago.
ITS ABOUT TIME YOU SENT ANSWER YES SHE HAS 2 JOBS AND LETS ROOMS OUT IN THE HOUSE
DONT TAKE ALL NIGHT TO REPLY AS I THINK I AM WASTING MY TIME WITH YOU
Expert:  Clare replied 10 months ago.
Hi
I am sorry - we are all working lawyers which can mean that there is a delay in answering - and of course we need to ensure that we ask everything that we need to know.
You can take action against your son's ex using the money claim online service
https://www.moneyclaim.gov.uk/web/mcol/welcome
As and when you obtain a judgement you would then have to enforce it against her - since there is no value in the house it would have to be an attachment of earnings order.
However the problem that you face is that she owes you monthly payments - and I arguably she can claim that you are only entitled to sue her for the months that she does not pay you - which will mean repeated court applications - and on doubt repeated enforcement applications
In Order to try and avoid this you will need first to write to her pointing out that she agreed to maintain the payments and if she fails to do so then you will require her ti settle her full share of the amount due.
Then when she fails to pay you will be able to sue her for the full 50% of the outstanding amount
Please ask if you need further details
Clare

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