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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34491
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi Claireits XXXX again the solicitor XXXX

Resolved Question:

hi Claire its XXXX again the solicitor XXXX has responde to the questiins you told me to write and ask him. He sent me the assignment it is rather tatty but he does not know I have received it. He is stating that it was assumed that my house would be sold imminently and was going on the market in dec 2011 It was not and has not been on the market at all In fact it was rented and Mr FXXX my ex fiancee knew that .Hope to hear from you soon regards XXXX

Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi Elaine
Just to check - you wrote using the Mail not electronically?
Did he reply the same way?
Claire
Customer: replied 4 years ago.


hi Claire

 

No he emailed me today although I did ask for him to write and email a response He emailed only

 

I did exactly as you told me so I posted it. He confirmed receipt of my letter dated 12th february by email.He told me he had sent a copy of the assignment which I have but he does not have proof that I have received it

 

He only answered the request to send a copy of the assignment (which I think has my ex fiancee's forged signature and is not witnessed ) he did not answer the question on what legal basis did he believe he had the right to trigger the agreement early.

 

I emailed him and asked him to answer the question in todays email he says he has answered but he has only said 'by law' he owns the debt

 

He says he knows about the agreement but it was mutually understood that my home would be imminently sold and in any case he says enough time has expired .also that it was implied term of agreement

 

This is so NOT true he is also asking for interest whereby the agreement was interest free.

 

Also Mr fagerland and I agreed he would not assign as he wanted to be repaid himself

 

I also have a friend's solicitor quoting The Property Act 1925 section 136 at me and I am really worried

 

I would not have put in writing the loan if not for the agreed stipulations Mr XXX only demanded it in writing when we discovered that an investment of mine had failed He then decided he did not want to marry a penniless woman Nice .. . he thought by giving the money to me for daughter's school fees and half household expenses I would be willing to lend him over 100k when the investment fractified.

 

He actually admitted this to me

 

many thanks

 

XXX

 

 

 

Expert:  Clare replied 4 years ago.
Hi
What is the wording of the agreement?
Claire
Customer: replied 4 years ago.


I stated that I owed Mr XXX the £31,440 only to be repaid upon the sale of my property or if my financial circumstances changed.

 

no time was given or asked for the reason for the monthly up date was that he asked to continue to live with me (until we discovered my investment failed)and he would pay the minimum household expenses

if I paid half back to him.

 

I'll look up the agreement and send the exact wording to you

 

regards

 

elaine

Expert:  Clare replied 4 years ago.
Hi
I would be grateful for that
Claire
Customer: replied 4 years ago.


just to make sure


 


as i have added to my last response


 


it also states that the loan is interest free and only repayable according to the agreement


 


i.e the sale of my property or if my financial circumstances allow.


 


further because he forced me it also says that the agreement is enforcable in the case of my demise but again only repayable according to the agreement .


 


elaine

Expert:  Clare replied 4 years ago.
Hi
And you are certain that that is the correct wording?
Claire
Customer: replied 4 years ago.


absolutely

 

wrote it down it all of the letters are in my lap top

 

6 of them last dated 12th dec 2011 but Mr XXXX did not countersign that one no reason really but countersigned the one with exact wording on august 11th 2011

 

sorry for delay in getting back

 

elaine

Customer: replied 4 years ago.


absolutely

 

wrote it down it all of the letters are in my lap top

 

6 of them last dated 12th dec 2011 but Mr XXX did not countersign that one no reason really but countersigned the one with exact wording on august 11th 2011

sorry for delay in getting back

 

 

also it says upon my demise it is my will and testament that you should receive exactly as depicted above ( the stipulations and amount of money)no more no less

 

elaine

Expert:  Clare replied 4 years ago.
Hi
Excellent.
In that case simply write (again by post)
Thank him for the copy of the assignment and say that you are writing to your ex asking him to confirm that any payment should be made to MR Issac and not to him.
Them point out that there is no provision for interest and there is no provision for an immediate sale of the property.
Claire
Customer: replied 4 years ago.


hi Claire

 

thank god and thank you

 

is that all I should say ? mr XXX doesn't seem to take any notice of the agreement altho he does acknowledge its existance

 

however, I would not be surprised if my ex has not furnished him with the 'real' agreement I believe = my ex did countersign all of the agreements

 

so the Property Act 1925 section 136 does not apply

 

regards

 

elaine

 

 

Expert:  Clare replied 4 years ago.
Hi
The fact that the debt has been assigned does not mean that the terms are changed
So he is bound by the original agreement - so send him a copy of it!
Claire
Customer: replied 4 years ago.


g morning Claire

 

So does Mr XXX really own this debt?

 

and you are quite sure that my acceptance of this will not trigger anything off? In the property act 1925 it states that the debtor has to be notified in writing before the assignment takes effect so i thought perhaps alittle stupidly that as he has no proof of receipt and he does not know my current address he might have trouble prooving it really is his.

 

I am very happy to send him a copy of the agreement particularly as he can't change the terms but he is stating that it was assumed that i would sell the house quickly or 'in any case enough reasonable time has passed' he means from dec 2011

 

I repeat no time was ever given either in writing or verbally and it is quite clear the agreement does state 'The loan is interest free and only repayable according to the agreement'

 

so just asking ..... Are you and your colleagues sure this will stop Mr XXX from pursuing me ?

 

I believe my ex may have sold him this debt so like you I thought even if it is assigned How can he change the terms ? Surely he bought the agreement as it is?

 

But he is using this "time is up" as his foil.

 

I just want to stop this and get the wording right .

 

My ex would have taken the money Isaac paid . My puzzlement is why did XXXtake it on .?

 

many thanks and sorry to be a pest

 

elaine

Expert:  Clare replied 4 years ago.
Hi
There is no point in splitting hairs - if he has assigned it he has assigned it - it does not change the underlying base of the arrangement - just who gets the money in the end.
If you would prefer simply respond to his email (by post) sending him a copy of the agreement and pointing out that there is no provision for interest and no assumption for sale
Indeed you could say that you always understood that this was a long term arrangement
Claire
Customer: replied 4 years ago.


thank you so much Claire I have to say I have been quite distressed by all of this.

 

Would you be so kind as to give me an opinion of the content of the letter below....? Further I may need to contact you again if Isaac persists with the '''your time is up ' dear oh dear

 

Please find enclosed a copy of my agreement with mr XXX.

 

Clearly there is no provision for interest and no assumption for sale. The agreement has always been understood to be a long term arrangement.

 

I shall inform Mr XXX of your correspondence to me.

 

Mr XXX and/or yourself are bound by the terms of this agreement which are clear and not for individual interpretation

 

 

 

 

 

many thanks claire

 

oh and if he asks for declaration of my finances do i have to declare It would not be a problem as I am broke but it is personal and I would rather not if I did not have to legally. but if absolutely necessary I could send him an income and expenditure report

Expert:  Clare replied 4 years ago.
Hi
Excellent letter - and at this stage you do not need to disclose anything
Claire
Customer: replied 4 years ago.


hi claire

 

thats great I'll post this today with proof of posting

 

one last thing difficult to answer i know because courts are well um er no disrespect to your profession but a little unpredictable

 

however..... would a court agree with him that it was unreasonable to put 'no time ' in the agreement obviously I did this deliberately but mr fagerland readily agreed and the clause " The loan is interest free and only repayable according to the terms of the agreement" which as you know are : upon the sale of my property ( no time ever given and left as my decision it does not allow for any other person to decide ) or change in financial circumstances was agreed to at least 6 times

 

would appreciate your opinion I am pretty sure XXX will return with something like that after he receives my letter but just as long as I can make contact with you again I might get some sleep.

 

lordy lordy the things we do... XXXwas an abusive man and lied to high heaven to me .....

 

cheers

 

elaine

Expert:  Clare replied 4 years ago.
Hi
Had this been any kind of "Commercial" loan then the lack of certainty could have been a problem
However the personal relationship you had with the lender alters things and I believe a court would see this as an integral part of the agreement - as witnessed by the fact you ensured that it woudl be dealt with in the event of your death
However you are right - no guarantees can be given!
Claire
Customer: replied 4 years ago.


thank you so much you and I think some of your colleagues have been a star if only I had thought to state the debt was not transferable but did not know personal debts can be transfered 20/20 hindsight is a wonderful thing.

 

I am sure XXX would not know of the personal relationship between XXX and I would it help to flag that up or should we keep everything to a minimum and use that if we have to?

 

just dont understand why XXX is going for it and why he would have paid XXX money for it.

 

elaine

Expert:  Clare replied 4 years ago.
Hi
There is no way of knowing the background so simply do what you have outlined and see what happens next
Claire
Customer: replied 4 years ago.


thank you so very much


 


do I sign off now and let you know the outcome later or do we keep it open until the Isaac returns?


 


I am happy with whatever is fair I am so grateful


 


kind regards


 


elaine


 


 

Expert:  Clare replied 4 years ago.
Hi
You can accept now and simply add any thing further when you need to if you wish
Claire
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