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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I loaned my eldest daughter £11.000 8years ago to buy into

Customer Question

I loaned my eldest daughter £11.000 8years ago to buy into fish and chip shop but I can not get it back off her the cheque I loaned her was paid into a solicitor can I do anything about this
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Do you have anything in writing showing you loaned her the money?
Customer: replied 3 years ago.
I have the date amount cheque number and the solicitor to whom it was made payable to
Expert:  Jo C. replied 3 years ago.
thank you.

Has she made any payments at all? If so can you remember when?
Customer: replied 3 years ago.
She has not made any payments what so ever

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

Has she otherwise acknowledged this debt please?
Customer: replied 3 years ago.
Yes she has acknowledged this debt saying to me we are nearly there , but I am no further ahead than October 2005.
I have have changed my wii a week ago excluding her from it go to sign to finalize on Friday 29/11/213
Expert:  Jo C. replied 3 years ago.
Thanks

Do you have any thing in writing to support that? Not necessarily a written contract but texts or emails?
Customer: replied 3 years ago.
No I do not have anything in writing what so ever
Expert:  Jo C. replied 3 years ago.
Thanks.

I am sorry but I cannot give you good news then.

You did have a very good claim against her and obviously morally she shoud repay you anyway.

The difficulty that you have is that, unless she is willing to repay, you will have to sue to enforce this debt. That is all very well normally but you are time barred under the Limitation Act because she has not acknowledged this debt within the last 6 years.

The cloest you can come is the verbal acknowledgement in 2005 but she will almost certainly deny that anyway that it still more than 6 years ago.

You can apply for leave of the court to extend time under S32 Limitation Act but you do need a very good reason. I'm afraid that courts hate delay generally.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.