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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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Before i got with my wife her mother and step father made her

Resolved Question:

Before i got with my wife her mother and step father made her take out a loan and they never repaid it. they all choose to bury there heads in the sand although i told my wife she needs to address it. eventuly they caught up with her and i resulted in paying off this loan on the condition that the parents would pay me back. it all started off ok but payments stopped 18 months ago. we disscused how hard things were for them i said not to worry and start paying me again when they can. they said in may they should be able to start paying me in june however they have not. Now i am not looking to make a massive deal out of this but i would like to know where i stand legally even if it just something i can mention to them to give them a push in right direction. It is quite alot of money they owe me it will cost me around £15000 in the end i think. im not sure what to do as techinialy this is my wifes fault and is embarssing for her. any idears
Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
HI thanks for your question. Is there anything in writing that reflects the arrangement agreed? Did your wife give them the money when it was borrowed originally? Is there any evidence of that?
Customer: replied 2 years ago.

they have admited having it to me but nothing on paper im afraid. i would think it was paid into there bank and not given as cash


Expert:  Senior Partner replied 2 years ago.
Thanks for the response. I asked because even in family arrangements it is really quite important to put things in writing - it avoids misunderstandings later as you probably appreciate.

I have no doubt at all all that if there is evidence of the money being transferred and that they made repayments etc, your wife could sue her parents to repay the money.

The difficulty here is for you to take action. You paid money to or on your wife's behalf - so really your claim is against her since you discharged her liability to the loan company rather than forcing her to pursue her parents. So really you ought to sue her and she should pursue her parents.

However I suspect that you do not want to force legal proceedings.

I would suggest you politely but firmly ask them to acknowledge the debt in writing and propose a repayment schedule they can afford . If they refuse than you can tell them they are putting everyone in a difficult position as you will have to have recourse to law .
You get get your wife to formally assign the debt to you in consideration of you paying her loan to you and then you could sue yourself rather than make her do it,

Let me know how else I can assist or if you have further questions
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience: Solicitor with more than 30 years experience
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