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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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Hi, In 2008 my then boyfriend and I signed, in the presence

Customer Question

Hi,
In 2008 my then boyfriend and I signed, in the presence of a solicitor, an agreement, drawn up by the solicitor, that stated that my then boyfriend would repay, by monthly instalments of £300, the £30,000 he had borrowed from me. Repayments would commence upon the sale of our house,which subsequently sold, and interest would accrue in the event of failure to pay. When asked about starting up the repayments I was told, in no uncertain terms, where to go. Nothing has been received at all.
I have tried a couple of times to pursue legal action. The first time a letter was sent to him which he ignored, then the solicitor lost the agreement. It was eventually found but I stopped using them as the service had been poor. In 2013, through a different solicitor, I found out where he lived but didn't pursue further as family and friends thought that if I was successful, I'd end up being paid back about £1 per week. He had been self employed in 2008 but I don't know his situation now. I have the original, signed agreement in my possession.
I guess I'm wondering if this is something I can try again or will it be time and money wasted.

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Has he made any repayments to date please?
Customer: replied 3 years ago.
None at all.
Expert:  Jo C. replied 3 years ago.
Thank you.

Does he have any income and is he employed or self-employed?

Does he ever house or any assets or savings?

Do you have anything from him acknowledging the debt?

Customer: replied 3 years ago.
He has an income I believe. When I knew him he was self employed but I'm not sure if he is now or not. He lives in a house but whether he owns it or not is not known to me. I have a bank statement with a couple of things on that show I transferred money to his account. I paid a tax bill for him and paid off a car loan also. I have no record of this but I know which accountants were used and which car dealership it was so perhaps they might have records. Other than that there is just the agreement he signed that indicates his debt to me.
Expert:  Jo C. replied 3 years ago.
Thank you.

You can do a variety of things.

You can issue court proceedings with a view to getting a judgement and then enforcing the judgements later on.

Here is the link to the court website where you can issue legal proceedings against him. www.moneyclaim.gov.uk

You can enforce the judgement by sending bailiffs to where he lives to take his goods for sale, taking money straight from his bank account provided there is enough to cover the full debt (known as a third-party debt order) or you can ask his employer to deduct money from his wages (by court order)
every week.

If the amount of money he owes you is not in dispute, you do not necessarily need to issue legal proceedings but you can issue a statutory demand (which is free) and if he does not apply to court to set it aside within 21 days you can then apply to court to bankrupt him.

Here is the link which explains a little more about statutory demands and gives you a link to the form https://www.gov.uk/statutory-demands

Before you embark on spending a lot of money in pursuing him for this, it would be worthwhile ascertaining his financial status because there is no point in spending a lot of money in going to court if he quite simply has no money to pay you.

If he goes bankrupt, although it will affect his credit rating, it means that your debt is written off.

There is another issue that you need to be aware of and that is that you only have six years under the Limitation Act 1986 from when he acknowledges the debt to enforce it.

If the whole thing therefore has been stagnant for more than six years, he can raise limitation to escape paying the debt. If however there has been some acknowledgement since then, the time runs from then..

There is no reason why you cannot deal with all these proceedings yourself rather than spending money with a solicitor.

Can I clarify anything for you?

Jo
Jo C. and 5 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/