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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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In 2004 my sister in law asked to borrow £30.000 so she could

Customer Question

In 2004 my sister in law asked to borrow £30.000 so she could purchase a bungalow for he r ageing parents. The bungalow was situated just around the corner from her so she could tend to them. Two payments have been paid to me, £8.000 and £4.000 but no payments since. Her mother is now in a home and her father has recently died, my brother and sister in law are now divorced. Do I stand a chance of recovering the rest of the money outstanding. I look forward to hearing from you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Did you agree a repayment plan please?
Customer: replied 2 years ago.
Yes but a realistic amount, do not want it to go on for years she has had the money long enough.
Expert:  Jo C. replied 2 years ago.
What was the agreed repayment plan please?
Customer: replied 2 years ago.
It was to be repaid when the business had enough money to do so, hence the £8.000 and £4.000 paid back so far.
Expert:  Jo C. replied 2 years ago.
Ok.

Do you think the business does have enough money now?

Obviously it depends on trading.
Customer: replied 2 years ago.
The business went bankrupt during the breakdown of the marriage, there is enough money in the sale of the bungalow.
Expert:  Jo C. replied 2 years ago.
Thanks.

Did you loan it to the business or to her personally? Or did you just not discuss it?

Was the business a limited company or a sole trader?
Customer: replied 2 years ago.
The loan was to her, the cheque was made out to her.
Expert:  Jo C. replied 2 years ago.
Thanks.

You should get judgment against her easily enough. She borrowed the money and has clearly had the funds in to repay it.

The advantage is that this is now a small claims court sum so it will be cheap and quick to issue against her. You can do so here

www.moneyclaim.gov.uk

but send her a letter before action warning her that if she doesn't pay within 28 days then you will sue. It may work. It may not but its worth trying.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 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/

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