Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
have you yet obtained any form of judgement against the individual please in the county court?
Thanks. So if I can just clarify, you lent this chap some money and he signed an I O U. How much did you lend (roughly) and when was it due to be repaid? How did you pay him?
Can I ask the approximate sum - it is relevant to which court is used and so on.
Thanks. May I ask why such a large sum was paid in cash as opposed to for example bank transfer?
The position is that as you paid money in cash it is important that you have evidence that he has received the cash in the event he disputes this or any part of the same.
From what you say you have a signed IOU which I trust refers to an acknowledgement of receipt of the cash and you have contact details for the solicitor in question who can confirm as such in the event of any dispute.
Notwithstanding this if you have a signed IOU which sets out that the money is either repayable on demand or that the repayment is due on a specific date and this has passed, then you have the basis of a relatively straightforward claim in the county court as follows. before I outline the process, could I confirm whether you have any security for the debt - e.g. a charge against his property?
I will address your specific question in just a moment with your permission; however before I do it would be helpful if you could kindly confirm that you presently have no security for the debt. Could you kindly confirm this is the case and all you have is the IOU?
Thanks. On that basis you have two principle options in order to claim the monies. The first step to either is that a formal demand for repayment in the sum of X should be made if you have not already done so in writing requiring him to pay within say 10 days of your notice failing which you reserve your position in respect of legal proceedings to recover the money owed. If you have already done this then you can dispense with this step however ideally you would keep a copy of any notice sent.
Following this you can either issue proceedings in the county court or issue a statutory demand. The latter is the first step to a bankruptcy order against him. Do you have a preference as to which you may prefer or would you like me to describe both court and statutory demand approaches?
What papers are you seeking to serve precisely? Court proceedings or something else?
I'm sorry but I need precision in precisely what it is you are seeking to serve as there are different rules for different documents for service. I am sorry if it is frustrating but if I give you a vague response it is not going to assist you. There are two ways you can put a charge on his house: with his consent and by way of a court order against his consent.
If you wish to proceed with his consent then you will have to ask him to sign a charge deed. If he refuses then you will have to obtain a court order. If can refuse to sign a charge deed if he wishes and cannot be forced to.
If you have to proceed to court the rules are different. I will be happy to outline them. I note however you have gone offline. Please let me know if you would like to continue.