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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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An individual owes me over £60,000 made up of four loans of

Customer Question

An individual owes me over £60,000 made up of four loans of between £8,000 and £24,000.
What route must take, in England, to recover that money?
Should I sue him for each loan seperately, or as one total?
What expenses and interest am I allowed to add?
Can I reasonably, if successful, expect the judge to place a charge on his house so that he can't sell it without paying me?
What defence or technical argument can he use to delay or frustrate my claim?
What details do I need to produce in Court? I have documents detailing each loan, the interest rate, the payment schedule, and the circumstances when full repayment is due.
If I self represent will the Court allow me time and help to present my case fully?
What are the usual court fees?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Firstly, can I ask whether you are based in the United Kingdom?

Customer:

Yes I am, and a UK Citizen.

tdlawyer :

Okay. Then you can use one claim form to pursue all of your claims. You can do this online if you wish. Doing it in this way, is a lot easier, and a lot cheaper.

tdlawyer :

If you succeed, you can reasonably expect a court to make a charging order, which is a charge over somebody's property and can be enforced by way of an order on sale.

tdlawyer :

If you represent yourself, you may get a little latitude, but not significant latitude.

tdlawyer :

For this amount of money, is always sensible to instruct solicitors if possible.

Customer:

What is the route to start the claim?

Customer:

Which level of Court?

Customer:

Possible defences (wriggles)

Customer:

How can he frustrate my claim?

tdlawyer :

You would issue online at www.moneyclaim.gov.uk and this would be in the county court.

tdlawyer :

I don't know how he would frustrate your claim, it depends on the facts, but he might say for example, he was never given the money, it was too long ago and statute barred (if over 6 years ago that he should have repaid it to you).

tdlawyer :

Is actually very difficult to avoid a simple outstanding loan claim.

Customer:

Will the Court help me by telling me which documents are necessary once I file online.....and give advice on the likely order of events once in the court?

Customer:

And finally, I hope, should I do more to avoid court action before issuing proceedings?

tdlawyer :

The court staff should help you, yes. But they will not give legal advice.

tdlawyer :

They will give you the forms and tell you which ones you need to fill out. But no advice.

tdlawyer :

It is always worth trying to get a resolution, or at least a meeting with the other side to seek to narrow the issues as much as possible and attempt to reach agreement before court proceedings are issued.

tdlawyer :

The court will expect you to try and resolve matters before issuing a claim.

Customer:

Thank you.

tdlawyer :

You're more than welcome. Is there anything else I can assist with?

Customer:

So in summary I start at Moneyclaim.co.uk, then follow my nose all the way to court if necessary. In the meantime I have to try to avoid getting to court by continuing a dialog with the defendant. I have one Q unanswered, and that is what reasonable expenses and charges can I add to his debt i.e the cost of this consultation, my time in writing to him, postage, further professional costs, interest, court costs, etc.

tdlawyer :

Yes, that is right. It is a very good summary. If you pursue the claim, you can add an hourly rate, if you do it yourself, of £9.25 per hour for the time you spend doing it.

Customer:

Thank you, XXXXX XXXXX all, and money well spent.

tdlawyer :

Thank you very much.

Customer:

I phoned a solicitor once to ask how much he would charge to answer 3 questions. He replied "£250". "Blimey", I gasped, "that's a bit steep, isn't it?". "It's the going rate" he replied, "now, what's your third question?".......................................I'll get my coat...

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