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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My ex-partner and I took a joint and several loan for home

Customer Question

My ex-partner and I took a joint and several loan for home improvements including an extension and secured it against our home, a property in my name. He 'invested' the money in a building project, promising to build the extension himself with materials from his builders' business. We've since split up (in 2010). The extension is nothing more than a single storey breeze block wall and foundations, which has deteriorated and needs to be demolished and half the drive is still rubble and dirt.
I have kept up repayments as it is secured on my home. I even made a PPI claim and the resultant funds reduced the outstanding balance of the loan.
He has made promises to pay the loan off and hasn't. He appears to be running a successful building company with numerous vans and can afford a brand new car, racehorse and expensive holidays.
Is there any action I can take to make him at least pay the remaining balance or force him to do this and re-pay the payments I've made? I have had no benefit from the loan.
Although there was no written contract for the building work, could this be considered a breach of a verbal contract and therefore he has been paid for work he has not carried out?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you know the cost of putting it right please?
JACUSTOMER-m3lx92jq- :

Hi Alex

JACUSTOMER-m3lx92jq- :

Hi Alex, thanks for your response. The initial sum borrowed in 2008 was in excess of £20,000 (I don't have the paperwork to hand for an exact figure, but can find it given time) the balance of the loan is approximately £15,000. I've been making the full payments of £257.11 since the end of 2009 and a successful PPI claim in 2012 reduced the balance by £6,750.88. If I was being stubborn, I would say the cost of 'putting it right' would be the equivalent of four years' repayments and the outstanding balance totalling around £27,000. I would however settle for the loan balance being repaid (£15,000) and for him to liable for any legal costs in reaching a settlement. Regards Jo

Alex Watts : What is the cost of putting the building work right please?
JACUSTOMER-m3lx92jq- :

I haven't had any quotes. Why does this impact on advice regarding whether or not a civil claim can be made relating to payment for services not provided? Or if he can be compelled to contribute to the repayments already made or in the future.

Alex Watts : It matters because it may affect the track of the claim and what steps you need to take.
JACUSTOMER-m3lx92jq- :

I can only assume that since we borrowed approx £20,000 it will cost around that to complete the extension and finish the drive. It would cost significantly less to demolish the extension, complete the drive and make other necessary alterations as appropriate. I'm not in a position to get a quote for several weeks. Are you able to provide any advice regarding the options available to me based on the information I have supplied? d

Alex Watts :

Yes this is a breach of contract.

Alex Watts :

What you need to do is appoint a surveyor to produce a report which can be used in Court.

Alex Watts :

You then need to get a number of quotes for getting the work done - this forms your loss.

Alex Watts :

You need to write and set out your losses and request a payment or the work done within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

If it is above £10,000 then it will be a fast track trial and you will need representation for that.

Alex Watts :

You can then produce as evidence the surveyor report you obtained earlier to convince the Judge to find for you

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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