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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33284
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I had a wriiten agreement (only agreed after break up and

Customer Question

I had a wriiten agreement (only agreed after break up and a great deal of harrassment it was suppossed to be 'family money')with an ex boyfriend that I would repay him a loan on certain conditions either if I sold my home (my perrogative) or my financial circumstances improved ( which they have not) . He has now 'sold' this agreement to a solicitor who is claiming right to the debt and informs me that the agreement is null and void and i should have to repay now or agree installments..

Is this legally correct he says I have no contract with my ex and that he is legal owner of the debt and right to repayment

Please help

elaine yeatman
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

Do you accept borrowing money?

Customer: replied 3 years ago.


well it was like this he offered the money for my daughters school fees and then to support me.. but wanted half for the rent and food I finally agreed as he was so abusive and anything to get him out of my bed and then out of my life the 'debt' is 31,420 and i gave him

Expert:  Jo C. replied 3 years ago.
Ok.

So there was a loan at least of some.

How much have you repaid?
Customer: replied 3 years ago.


none


 


as neither of my circumstances have changed i do not have enough money money and i have not sold the house I have rented my house


 


the first I have heard that I do not have a legal contract is from the solicitor who had ;bought' this debt /loan from my ex

Expert:  Jo C. replied 3 years ago.
I am sorry but you are in difficulty then.

Clearly there was an agreement to repay of some form. A court would almost certainly accept there was anyway as plainly he is not liable for her school fees. Obviously that comes down to the evidence upon that point but its likely a Court would think there must have been some agreement on the topic.

The fact that he agreed that you could repay when the house was sold was after the event so not binding. It was not agreed at the time of the contract and so you cannot rely on it to argue that you are not in breach.

A debt can be sold to a third party. They are assigned to debt collection officers all the time.

He would need to get a CCJ against you to enforce this properly but it can be done I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

Customer: replied 3 years ago.

hi thank you


 


but he offered to pay my daughters school fees it was i that said he should allow me to take responsibility but only on the conditions ie sale of the house or upon my financial position improving


 


 


that was the agreed basis for the loan we both agreed that surely hopefully that means something ?


 


 

Expert:  Jo C. replied 3 years ago.
You could try to argue the repayment was conditional upon sale of the house and therefore not in breach.

He may well try to argue that you are not trying sufficiently to sell the house or he may just say that wasn't the agreement.

Obviously I cannot predict which way this case will go without full vision but its likely that a court would think there should be an order.
Customer: replied 3 years ago.


would sending you the letter help ?


 


but now you say its the solicitor not my ex in fact


 


also there was no pressure to sell my house we both thought that an investment of mine would materialise but it has not


 


are you saying that i could be forced to sell my house ?


 

Expert:  Jo C. replied 3 years ago.
1 Not particularly.

2 Not necessarily. Probably the solicitor acts for the ex. It is possible to assign a debt to another but not commonly done to solicitors.

3 He can seek an order for sale but only if he gets a CCJ, you do not pay or seek variation, there is a charging order upon which you default.

I am sorry though but I'm afraid its very unlikely that a court will accept that such a large sum was lent to you to be returned literally at a time of your choosing.
Customer: replied 3 years ago.


i suppose i can see that but it was as i said i was expecting to see a return on an investment in fact my ex offered the money in the first instance as he thought i was a waelthy woman he asked me to marry him i agreed I did inform him after the third time i met him that i was NOT a wealthy woman and needed somebody to help support myself and my daughter he didn';t velieve me he told me that later after i also found out that he lied about his income


 


honestly this is not as straight forward as it seems further the solicitor is Nick Isaccs and informs me he is personally involved he stated he owns the debt from my ex


 

Expert:  Jo C. replied 3 years ago.
It is possible that he could have assigned the debt. It just would not be all that common.

Customer: replied 3 years ago.


according to Nick that is what has happened found out today


 


my ex told me he was going to 'sell' the 'debt' unless i paid him 5K


 


I don;t have £50 let alone 5k and i really thought that as tge loan was personal and that it was only agreed as per terms of our contract then what could anyone do until i was in position to repay my ex never asked for installments


 


surely I must be abke to go somewhere to help fight this are you saying the agreement my ex and i had is worthless?


 


goodness i reviewed it every month for him so he knew the terms for months

Expert:  Jo C. replied 3 years ago.
I'm not really sure what I can add to what I've said on that point.

If you had this amount of money from him and have repaid none then its likely that he would win at court.
Customer: replied 3 years ago.


so the agreement means nothing ? I didn't have to give him anything i was trying to do the right thing


 


anyway it is now with nick the sol not my ex


 


Nick has asked for proposal of repayment I have rental income of 2k per month and well disposable income of £200 left per month


 


If I offer something like 50 does this mean the court would look at my circumstances and not issue a second charge against my house or force a sale


 


I mean would they accept that that is if all i can do then that is all i can do or would the court just firce a sale as obviously 50 per month would take forever unless my circumstances improved


 


many thanks i need a drink ?

Expert:  Jo C. replied 3 years ago.
You did have to give him something. He didn't have to make this loan. You are liable to repay in full.

A proposal for repayment seems reasonable.

You can seek a variation order but for this amount £50 is not going to be acceptable.

I will be delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.


hi remus


 


on the surface which is what I am at pains to let you know


 


you didn't even want to see the agreement in the first instance with my ex fiancee or even if the back ground was relevant.


 


you may be right but I find it hard to believe that any court will just agree to an assignor out of the blue asking me for repayment of a debt that is not his ( he probably paid 10% 3k ) for the full amount


 


31.440k and asking the court to force me to sell my house.


 


repayment is reasonable I agreed to repay re the conditons I have outlined and they were readily agreed to . If anybody's hand was forced it was mine


 


as I mentioned this is not a straightforward " you were loaned 31.4 k and I agreed to pay up regardless


 


that is why I had a contract with my ex which incidently was only agreed to in order to get rid of the abuse why does that contract become null and void just because a third (univited and not agreed by me) party is involved.


would you mind if we continued tomorrow or is that not part of the 'deal' ?


 


If I were a judge I would


 


look at the whole scenario and you did not even want me to download the letter of agreement


 


How can you make an assessment without seeing that ?


 


I really hope the law is not an ass


 


I say this with respect I also realise one gets what one pays for


 


Does your contract with the site determine that also ?


 


regards


 


elaine


 


 


 


 


 


 

Expert:  Jo C. replied 3 years ago.
I will opt out as you have not rated.
Customer: replied 3 years ago.


thank you remus


 


you did put my case to all of the experts but i have no response


 


does this mean i get my money back ?


 


or is it that you are unwilling to take me further?


 


please advise


 


regards


 


elaine


 


 


 


 


 


 


 


 

Customer: replied 3 years ago.


you will opt out because i have not rated ?


 


what sort of solicitor/barristor are you ?


 


I guess an online one


 


I think it would have been good for you to have looked at the 'agreement letter' I have that you thought was irrelevant IT IS THE MOST IMPORTANT issue to my case


 


flip I can read a 'law' book and i understand all points of technological marketing


 


I came to this site because it pertains to decipher and help


 


Do you not think information is helpful ?


 


regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
Who drew up this agreement and in which country?
What are the basic contents of the letter and what evidence does the lawyer have that the debt has been assigned to him?
Claire
Customer: replied 3 years ago.

hi claire


 


the agreement was drawn up between my ex fiancee Mr Fagerland and I in the UK.


 


He initially gave me 23k for my daughter's school fees He knew I had no money and no income.and assured me he would support my daughter and I financially and he wanted to marry me.....However Mr Fagerland is an abusive man and after an engagement of only 4 months I knew I could not marry him. l asked him to leave. He did so but asked me to return and live at my house as he wanted to visit london often We agreed that he paid the household expenses and would lend me half for my share.


He returned and after an argument I did not want to be his partner he asked for his money back Obviously I could not repay there and then which he knew so he asked for something in writing and insisted it included the school fees even though prior to this point the fees were given to me. I was under duress and at a very low ebb so I agreed and we drew the contract together for school fees and half the household expenses.


 


the contract states that I would repay Mr Fagerland the amount of 314420 either upon the sale of my property ( no time given) or if my financial status improved ( no time given )which ever came first The loan is non interest bearing .


 


the agreement is signed by both of us and was up dated every month.


 


Nick Isaacs the lawyer... has only emailed me to inform me he is now 'by law' the legal owner of the 'loan' he has given no evidence of assignment ...I disputed his ownership and informed him I gave no assent for the agreement to be assigned


 


he responded that he was indeed the new personal owner ( his firm was not involved) he did not need my agreement and would i just give him a proposal of repayment and details of my new address.Further he did not want to pursue me legally but would do if necessary.


 


We have made no further contact.


 


In order to survive I rented my property until april 2014 and live (until I gain employment) from the rental income. My disposable income per month is £230.00


 


Mr Fagerland informed me about a month ago that if I did not pay him £5000 within 7 days ( he would accept this as full and final )he would sell the loan I responded I did not have £50.00 let alone £5000 the next I knew was Nick Isaacs email .I opoened it yesterday 11th feb


 


I hope this helps


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Is Mr Issacs made to be a lawyer here in the UK?
Claire
Customer: replied 3 years ago.


sorry for delay didn't see your answer


 


yes he is works for tanchambers I think


 


he googles up Mr Nick Issacs I can find the company if you wish.


 


he stated quite clearly when I emailed him to say I owed neither him nor his company any money that this had nothing to do with his company and he personally owed the 'debt' Although he emailed me using his company images


 


He has not mentioned my agreement with Mr Fagerland

Expert:  Clare replied 3 years ago.
Hi
There is no basis on which this person can enforce this agreement against you - the only one who can is your ex and the only basis on which it can be enforced is that one of the two triggers - the sale or your improved position - have happened
I suggest that you write to Mr Issacs via the post (not email) and ask for a copy of the assignment of the debt and the legal basis on which he thinks he can enforce the agreement early
Claire
Customer: replied 3 years ago.


Hi Claire


 


thank you so much You are a star one of your colleagues sure did shake me up....your answer helps a great deal and i can get some sleep this evening altho fyi a friend of mine called her solicitor and he returned with the same answer as yourself


 


one last thing ..sorry.. should I send a photocopy of my arrangement ?


 


I have no idea what my ex has said or given him .


 


 


many thanks and hope you have a great day


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire
Customer: replied 3 years ago.


sorry claire should i send copy of the agreement or just write as you suggest?


 


many tx then I can rate you lol


 


regards


 


elaine

Expert:  Clare replied 3 years ago.
Hi
No simply write the letter I suggested - let him try and justify what he has said
Claire
Customer: replied 3 years ago.


thank you very much claire


 


You have been so much help clear and lucid and listened to what I had to say.


 


Your service has been par excellence


 


 


 


I shall ask him to reply by post (not my current address) or email as he already has that is that ok ?


 


cheers cant thank you enough.


 


kind regards


 


elaine


 


 

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Claire
Customer: replied 3 years ago.


hi claire i have written the letter


 


how can I let you know what his response is ?


 


I mean what if he still challenges and wont let go ? or even forwards a copy of assignment ( he might be in cahoots with my ex)


 


I take it that he cannot justify legally what he is suggesting


 


sorry to be a pest


 


elaine

Expert:  Clare replied 3 years ago.
Hi
You can come back any time - just mention my name in the title of the question - and no he cannot legally justify it
Claire
Customer: replied 3 years ago.


thank you claire


 


just thank you


 


amazing site but .......


 


thanks so gald you are a different lawyer one that knows the law


 


will let you know


 


but i can deal with it now thanks to you


 


I shall recommend the site for its principles


 


best wishes


 


elaine

Expert:  Clare replied 3 years ago.
Hi
Thank you
Claire

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