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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
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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My daughter purchased a sofa shortly before she married. She

Customer Question

Good morning.
My daughter purchased a sofa shortly before she married. She did so on Hire Purchase through Barclays Finance. There was an agreement that her parents in law would make a monthly payment to her bank account to cover the costs, this was their wedding present and also allowed my daughter to establish a credit score for the future. Unfortunately not long after she was married her husband committed adultery and she was left with a new baby, a sofa, etc etc. In any event her parents in law agreed to take possession of the sofa and to take over the payments. They contacted Barclays, set up a direct agreement and continued to make the payments. However, yesterday she received notification from Barclays that the direct debit had been cancelled and as the account holder she is liable. Obviously she does not have possession of the sofa. For obvious reasons she has no contact with her in laws. Can you please give us some advice?
Many thanks
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Was the agreement that they would pay evidenced in writing - maybe a text or an email?

Customer: replied 1 month ago.
I really don't know, I imagine not, my daughter was quite naive and not really thinking things through properly at the time. I do know there was a form completed by her in laws which was received by Barclays in order to set up the new payment method.
Expert:  Clare replied 1 month ago.

Can you ask her - it is important

Customer: replied 1 month ago.
I've just called her, she's just having a look now.
Customer: replied 1 month ago.
Hi Clare.
No she has nothing or text or email. However, she is adamant that they a form from the finance company agreeing to the payments.
Expert:  Clare replied 1 month ago.

How far has the financial part of her divorce reached?

Customer: replied 1 month ago.
She is not divorced, only separated. She married in December, baby was born in February, adultery in March! Successful career ended, had to move home, no maintenance payments, this is the last straw for her I'm afraid so any help would be greatly appreciated!
Customer: replied 1 month ago.
Customer: replied 1 month ago.
Clare.
I have just spoken to Barclays Finance and have a payment to clear the current arrears. They have confirmed that the direct debit was in my daughter's former in-laws name and that has indeed been cancelled. I have limited knowledge of the legal system but to my mind it seems that this is now a form of fraud, the obtaining of goods under a false promise of payment. This is very concerning, please can you respond with suggestions on how I need proceed?
Regards.
C Drummond
Expert:  Clare replied 1 month ago.

Your daughter can use the Money Claim On line service to sue her former in laws for the money based on their promise to pay

https://www.gov.uk/make-money-claim-online

She shoudl sue them for the full amount outstanding.

She should also contact the Child Maintenance Service about maintenance for the baby

I hope that this is of assistance - please ask if you need further details

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